Louisiana v. Callais (24-109_2)
argument 24-109_2Louisiana v. Callais
Supreme Court of the United States
2h 30m
9 speakers
8 chapters
transcribed 1 month ago
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Transcript generated automatically by AI and may contain errors.
What is the opening argument and background for Louisiana v. Calais?
We will hear argument first this morning in case twenty four one oh nine, Louisiana versus Calais and the consolidated case.
Ms.
Nelson.
Thank you, Mr. Chief Justice, and may it please the court. A mere two years ago in Allen versus Milligan, a case nearly identical to Robinson, this court noted that under certain circumstances, it has authorized race based districting to remedy state districting maps that violate Section Two. Louisiana affirmed findings that sorry six appellate judges affirmed findings that Louisiana, in the face of extreme racially polarized voting, packed and cracked black voters and it rejected Seven non-dilutive maps in favor of one that would give its fifty-eight percent declining white electorate. entrenched control over eighty three percent of the congressional districts. Louisiana's creation of a district to remedy that discrimination and to ensure that black Louisianans have an equal opportunity to participate in the process is constitutional.
How does the Court apply the Allen v. Milligan precedent to the Robinson case?
Precedent from Brooks to Milligan, from Ex parte Virginia to SFFA confirm that. And three facts guard against indefinite use of race. First, not all Section 2 remedies center race. Second, when racialized politics and residential segregation wane, so will the ability to satisfy jingles. Third, almost every redistricting map is replaced decennially. My opponents' late-breaking and recordless facial and as applied challenges seek a staggering reversal of precedent that would throw maps across the country into chaos. If SB8 is unsatisfactory, the proper recourse is to remand and adopt one of the many alternative maps that address the Section 2 violation and satisfy. Mm. As this court noted in Milligan. Congress is undoubtedly aware of Section two precedent and can change it if it likes, but unless and until it does, statutory stari decisis counsels staying the course.
I welcome your questions.
Uh Council, what was the uh finding or the holding in Robinson and what role does it play in the S V eight uh uh map creation?
The finding in Robinson was that there was a likelihood of succeeding in a Section two claim proving that the state of Louisiana violated Section two by packing and cracking black voters. So there was a Section Two liability finding under a preliminary injunction and an there was an ordering of a new map to be drawn.
What is the status of that case now?
Robinson is concluded and there's now, as we know, the challenge in Calais that suggests that their map that was created out of out of Robinson, SB eight, is a racial gerrymander and that's why we're here today.
So SB eight was the remedy for the uh Robinson case. I thought that was a preliminary injunction.
Yes, there was a preliminary injunction indicating that we were likely to succeed if we continue to pursue a claim. This is after a five day hearing with twenty one witnesses and a robust record. So the court found based on that evidence that we were likely to succeed on a liability uh on liability and ultimately instructed the state of Louisiana to draw a correct and constitutional map.
But there was never a full merits determination. Uh S B eight um was uh the entirely separate though from that uh litigation.
SBA came after the litigation. It was in response to the court's order to create an opportunity m an opportunity district and a second map that would cure the Section Two violation.
But did the court order this particular map?
No, the court gave the state of Louisiana an opportunity as this court uh has suggested it do, it gave it broad discretion, gave it wide latitude to create a map that it felt was satisfactory and ultimately that is the map that was in effect and uh ul uh uh elected a congressional delegation in twenty twenty two.
Council, you began with Allen against uh Milligan. Uh That case, of course, took the existing precedent as uh a given and considered Alabama's application of the the its approach to the evidence and all that uh under that precedent. Is that is that your understanding as well?
That's correct. In fact, the case was stayed because this Court held that case in abeyance until it decided Milligan because it understood Milligan to be uh important to understanding
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Chapters
8 chapters
1
What is the opening argument and background for Louisiana v. Calais?
0:00–1:14
2
How does the Court apply the Allen v. Milligan precedent to the Robinson case?
1:14–19:20
3
What are the findings and implications of the Robinson decision for SB 8?
19:20–37:12
4
What does the Solicitor General propose regarding Section 2 and the remedial map?
37:12–1:20:44
5
How does the case describe the role of Robinson in shaping the district‑drawing and the concept of race‑predominance?
1:20:44–1:37:34
6
Why do the parties argue that stereotyping and intent are (or are not) required to prove a Section 2 violation?
1:37:34–2:06:58
7
What is the proposed reinterpretation of the Gingles pre‑conditions and the “predominance” test under modern voting‑rights analysis?
2:06:58–2:18:24
8
How do the counsel’s final arguments link the constitutional purpose of Section 2 to the practical remedy for Louisiana’s map?
2:18:24–2:30:02