Next
week the U.S. Fifth Circuit Court of Appeals will hear a Louisiana case that
could have vast ramifications for how elective judicial districts are drawn,
with potentially some unintended consequences for those seeking to change the
system in a way that would boost Democrats’ presence on the Louisiana Supreme
Court.
Chisom
v. State of Louisiana fights the state’s effort to end the consent
decree that forces the state to maintain a majority-minority state Supreme
Court district. A district
court ruled against this last year, maintaining that the state, represented by
Republican Atty. Gen. Jeff Landry,
didn’t show that the problem of voter discrimination had been solved completely
without the decree in effect and the situation – presence of the district creating
significant malapportionment – hadn’t changed significantly to jettisoning the
decree. (Democrat Gov. John
Bel Edwards by virtue of his position was party to the request, but he
failed to participate in its defense.)
Landry had argued that three decades of having a
black jurist serving in that district proved the problem of discrimination
solved, in that a change from the previous geographically larger district that
elected two members at-large in a majority-majority district with a large
number of racial minority residents to splitting it essentially into two
single-member districts, as the other five across the state were, had done the
trick. Further, he argued the present arrangement sustained severe
malapportionment, with a deviation spanning over 50 percent, that dissolving
the decree could reduce substantially. But Democrat Pres. Barack
Obama-appointed Louisiana Eastern District Judge Susie Morgan found the reason
wanting, despite the fact that the SMD district as opposed to its MMD
predecessor made it extraordinarily difficult not to have a M/M district, especially
with districts not malapportioned.