Topline
South Carolina can use an existing congressional map that was previously deemed unconstitutional in its upcoming elections, a panel of three federal judges ruled Thursday, as the Supreme Court has yet to issue a ruling and legislators have yet to draw up a new map.
Key Facts
U.S. District Judges Mary Geiger Lewis, Toby Heytens and Richard Gergel issued Thursday’s ruling, which keeps the existing map for the state’s Congressional District 1 in place until after the 2024 election cycle, according to court filings.
The judges previously ruled that the map constituted an “unconstitutional racial gerrymander” in January 2023 and gave the state until March 31, 2023 to issue a remedial plan—a deadline that was amended to “30 days after a final decision” of the U.S. Supreme Court after the state filed an appeal, court filings show.
The judges noted in their ruling that it is uncommon that a map deemed invalid would continue to be used, but said “the ideal must bend to the practical” as the state primary election is slated for June 11.
Chief Critic
The American Civil Liberties Union slammed the decision in a statement, in which Adriel Cepeda Derieux, deputy director for the ACLU’s Voting Rights Project, said the state’s failure to rectify the map “blatantly disregards our brave clients’ voices and the rights of Black voters.”
Crucial Quote
“But with the primary election procedures rapidly approaching, the appeal before the Supreme Court still pending, and no remedial plan in place, the ideal must bend to the practical,” the ruling said.
What To Watch For
The Supreme Court has yet to issue a ruling on the case. Justices heard arguments on the matter in October and were reportedly skeptical that the map was unlawfully drawn to exclude Black voters. If the Court upholds the lower court’s ruling, the state would be required to draw up new maps for the 2026 election cycle.
Key Background
Congressional district maps are typically drawn every decade based on federal census results. Following the 2020 census, South Carolina’s state conference of the NAACP and other advocacy groups filed a lawsuit against Republican state Senate President Thomas Alexander and other lawmakers in October 2021. The map for the state’s first congressional district was deemed an “unconstitutional racial gerrymander” in 2023 after judges found it “ultimately exiled” more than 30,000 Black voters from Charleston County, a move that appeared to benefit Rep. Nancy Mace’s, R-S.C., reelection bid.
Tangent
In 2022, the New York State Court of Appeals struck down district maps drawn by state Democrats, after Republicans argued the maps were unconstitutionally gerrymandered. After a lengthy legal battle, New York Democrats approved a new congressional map in February, featuring district lines that will slightly improve the party’s chances of winning a majority. New York Gov. Kathy Hochul signed the proposal into law the same day.
Further Reading
Supreme Court seems inclined to reinstate disputed South Carolina map (The Washington Post)
Supreme Court poised to OK South Carolina voting map deemed racially biased by lower court (Reuters)
Supreme Court declines to kick-start drawing of new congressional map in Louisiana (NBC News)
Supreme Court rejects Alabama’s bid to use congressional map with just one majority-Black district (NBC News)
