Beer v. United States
Headline: Redrawing New Orleans council districts upheld for preclearance purposes — Court says a reapportionment that increases Black majorities need not be blocked under the Voting Rights Act's preclearance rule unless unconstitutional, affecting local elections.
Holding:
- Allows New Orleans’ new district map to proceed unless shown unconstitutional.
- Makes it harder to block redistricting that increases minority majorities.
- Shifts focus to whether a new plan is itself unconstitutional.
Summary
Background
The City of New Orleans and six city council members asked the federal courts to clear a new redistricting plan for five single-member council districts. New Orleans is about 55% white and 45% Black, while registered voters were roughly 65% white and 35% Black. The city’s 1954 charter also kept two citywide (at-large) seats. Plan II created two districts with Black population majorities and one district with a Black voter majority (52.6%). The Attorney General objected and the District Court blocked Plan II, finding it would abridge Black voting rights, so the city appealed.
Reasoning
The Court addressed whether the Voting Rights Act’s preclearance rule forbids changes that actually improve minority voting strength. The majority said §5 applies only to proposed changes, not to practices fixed before 1964 (so the long-standing at-large seats were not before the court). The Justices held that a reapportionment that enhances minority electoral opportunity does not “have the effect” of denying or abridging the right to vote under §5 unless the new plan itself is unconstitutional. On that basis the Court vacated the District Court’s rejection of Plan II and sent the case back for further proceedings.
Real world impact
Practically, the decision lets New Orleans move forward with a plan that increases Black majorities unless a constitutional violation is shown. It changes how federal review treats redistricting that appears to improve minority representation and leaves the question of discriminatory purpose or final constitutional flaws to be resolved later. The ruling means local elections could see earlier changes to district lines and possible additional Black-elected council members.
Dissents or concurrances
Three Justices dissented, arguing the Court set too narrow a test. They would have let the District Court’s findings stand, saying §5 should require that new districts give minorities a realistic chance at representation roughly proportional to their numbers, and that the whole seven-member council (including the at-large seats) should be considered.
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