New Supreme Court Case Could Ban Racial Considerations In Congressional Apportionment

By Dick Morris on October 3, 2025

In 1962, the Supreme Court ruled that congressional districts must be drawn according to the “one man one vote” rule. The lawsuit was brought by WMCA Chairman R. Peter Strauss and fundamentally transformed American politics.

Now, another case has reached the Supreme Court–Louisiana v Callais–which could rewrite the laws governing the congressional apportionment of seats. The lawsuit says that basing congressional lines on racial considerations, or even taking them into account, is unconstitutional.

Should the Supreme Court decide with the plaintiffs in this case it will revise congressional apportionment and could cost the Democrats more than 20 seats in the House.

Ironically shortly after the Supreme Court decision, Republican strategist Lee Atwater convinced the party that one man one vote had a real potential to grow Republican ranks in the House. He said that court mandates to draw lines creating majority-minority district would bleed white liberals out of other districts and permit the election of conservative Republicans.

Until now this rationale has dominated American politics. As a result, the number of African-American congressman has swelled to sixty-seven, about 15% of the body.

But if the Callais decision goes against the defendants, racial considerations could be barred from consideration in any reapportionment of Congress. This would deny Democrats a built-in edge of almost 20 seats in the House, forcing competitiveness in districts where Democratic minorities had always confidently expected election.

Race based congressional apportionment has reached such a point where race, almost alone, has been used for outrageous gerrymandering. District lines regularly are bent and strain to incorporate enough minority voters to satisfy the Department of Justice, Democrats, and the courts.

The Callais case threatens to make dozens of districts truly competitive and curb minority power in the House — a welcome victory for democracy.

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