The repercussions from the Supreme Court ruling last month in the case of Louisiana v. Callais regarding Section 2 of the Voting Rights Act is raising concerns for attorneys representing local governments.
"Cities can be sued under the VRA, and it will be important for local elected officials to consult with their general counsel to understand obligations in redistricting," said Stephanie Martinez-Ruckman, the legislative director of human development at the National League of Cities.
The statement comes from NLC analysis of a ruling that's expected to affect the shifting balance of power in the upcoming midterm elections.
Section 2 of the VRA was enacted in 1965 and "prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in one of the language minority groups," according to the U.S. Department of Justice.
The 6-3 ruling by the conservative court narrows how Section 2 can be leveraged in the ongoing state redistricting disputes.
According to NLC, "this decision goes beyond congressional districts and could impact state legislature districts and councilmanic districts, thus directly impacting redistricting decisions in cities, towns and villages."
Higher legal risk could be a factor in determining state and local credit ratings.
The legally contentious practice of states redrawing their congressional districts in between Census counts is the engine driving the VRA debate as both parties are looking for an edge in the upcoming midterm elections.
Republicans currently control both houses of Congress enabling them to pass budget reconciliation bills without any Democratic support.
A Democratic shift in the House would change that dynamic and probably lead to tax policy shifts on the House Ways and Means Committee and spending priorities on the Transportation and Infrastructure Committee.
"I think the consensus is that additional net Republican seats will ultimately be added through this entire mid-decade redistricting exercise," said Professor Ben Schneer, of the Harvard Kennedy School.
"There's a longstanding pattern where the party of the president tends to lose seats in the midterm election. We're probably on track for some shift towards Democrats in 2026. The question is how big that swing is going to be."
Schneer also points out that drawing new lines to create thin majority districts come with its own risk.
"You sometimes have to draw maps in such a way that the margins by which you win are increasingly thin," he said.
"Even if your party may win the next election, if preferences continue to change and there's a really big wave against your party, you may end up losing more seats than if you had not gerrymandered."
"This is what's known as a 'dummymander,' the idea that a party overreaches and draws a map that's too aggressive."
Critics of localized gerrymandering also believe giving one political party too much power can lead to corruption.
In 2023 Larry Householder, the former Speaker of the Ohio House of Representatives was convicted in the largest bribery corruption scandal in states history.
The case involved funneling dark money into legislative efforts to pass a $1.3 billion bailout of two nuclear plants and several coal facilities in the state. The money was used to bankroll the campaigns of 21 House candidates in the 2018 election.
