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Supreme Court raises the stakes in a Louisiana redistricting case

Supreme Court raises the stakes in a Louisiana redistricting case

NBC News6 days ago
WASHINGTON — The Supreme Court on Friday expanded the scope of a Louisiana congressional redistricting dispute that has been pending for months by ordering new briefing on a legal question that could further weaken the landmark Voting Rights Act.
The court issued an order asking the lawyers to address whether, in seeking to comply with the 1965 law that protects minority voting rights, Louisiana violated the Constitution's 14th and 15th Amendments enacted after the Civil War to ensure Black people were treated equally under the law.
If the court rules that the state did violate the Constitution, it would mean states cannot cite the need to comply with the Voting Rights Act if they use race as a consideration during the map-drawing process, as they currently can.
Rick Hasen, an election law expert at the UCLA School of Law. wrote on his Election Law Blog that the order "appears to put the constitutionality of Section 2 of the Voting Rights Act into question." That provision bars voting practices or rules that discriminate against minority groups.
The Supreme Court's 6-3 conservative majority is often receptive to arguments that the Constitution is 'colorblind,' meaning no consideration of race can ever be lawful even if it is aimed at remedying past discrimination. In 2013, the court struck down a key provision of the Voting Rights Act in a case from Alabama and further weakened it in a 2021 case from Arizona.
The justices heard arguments in the Louisiana case on more technical, less contentious questions in March and was originally expected to issue a ruling by the end of June. Even then, the constitutional issue loomed large.
The new order did not indicate whether the court will hear another round of arguments before it issues a ruling in the case.
The Louisiana map in question, which is currently in effect, includes two majority Black districts for the first time in years.
The complicated case arose from litigation over an earlier map drawn by the state legislature after the 2020 census that included just one Black majority district out of the state's six districts. About a third of the state's population is Black.
Civil rights groups, including the Legal Defense Fund, won a legal challenge, arguing that the Voting Rights Act required two majority Black districts.
But after the new map was drawn, a group of self-identified 'non-African American' voters led by Phillip Callais and 11 other plaintiffs filed another lawsuit, saying the latest map violated the 14th Amendment.
As recently as 2023, the Supreme Court reaffirmed the Voting Rights Act in a congressional redistricting case arising from Alabama. But conservatives raised questions about whether key elements of the law should ultimately be struck down.
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Trump says he's ordering a new census. Here's what the Constitution says
Trump says he's ordering a new census. Here's what the Constitution says

Axios

time28 minutes ago

  • Axios

Trump says he's ordering a new census. Here's what the Constitution says

President Trump on Thursday called for "a new and highly accurate" census that excludes undocumented immigrants, an unusual move that could set up another legal challenge of the U.S. Constitution. The big picture: Though it doesn't exactly spell out a methodology, the Constitution has a pretty clear vision for when the census should happen and how it should calculate population totals. Trump's push for a new census comes as the president urges red states to draw new congressional maps more favorable to Republicans. Driving the news: Trump said his new census would be "based on modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024." "People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS," he wrote in a TruthSocial post. It's unclear if Trump is trying to tweak the current plan for the 2030 census or start a new one altogether. The White House and the U.S. Census Bureau did not immediately respond to Axios' requests for comment. Reality check: The Constitution laid out the Founding Fathers' vision for the census and how populations were meant to be counted. What the Constitution text says about the census The Constitution's Article 1, Section 2 stipulated how the population would be counted, though it also featured the " three-fifths compromise." The Constitution says the census should happen "within every subsequent Term of ten Years, in such Manner as they shall by Law direct." How it works: The 14th Amendment, ratified in 1868, requires the "whole number of persons in each state" to be counted in the census. "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed," the amendment reads. The text gave the government a tool to help empower the people according to the United States Census Bureau. "The plan was to count every person living in the newly created United States of America, and to use that count to determine representation in the Congress," the bureau says on its website. Yes, but: There's debate about how the "actual enumeration" for the census is meant to happen. Some contend the language gives Congress a wide net for its methodology. Who is included in census population counts? Zoom in: The US Census Bureau says the resident population includes "all people (citizens and noncitizens) who are living in the United States at the time of the census." "People are counted at their usual residence, which is the place where they live and sleep most of the time," the bureau explains. The intrigue: Defenders of the census say the current process helps states represent and serve everyone in their state. But critics contend that the Constitution was written "before tens of millions of migrants resided in the country illegally," according to Benjamin Weingarten of RealClearInvestigations. Can Trump order a new census? It's unclear. Trump said in his TruthSocial post Thursday that he urged the Department of Commerce to start working on a new census without specifics. Preparing for the census count is an arduous process that can take several years of planning. The Census Bureau has already started preparing a test census for 2026 and a rehearsal in 2028. "This iterative approach will give the Census Bureau an evidence-based design for the 2030 Census," the bureau says. Flashback: Trump floated a similar idea during his first term. He tried to erase unauthorized immigrants from population counts, while also moved to add a citizenship question a citizenship question to the census. The latter act was blocked by the Supreme Court. says that questions about one's immigration status could lead to faulty self-reported data, which could mess with population totals. Trump also signed a memo in 2020 that aimed to omit undocumented immigrants from the census count. A lower court deemed the policy unlawful. The Supreme Court later dismissed a lawsuit that challenged the Trump administration's plans.

Haiti ushers in last phase of transitional government amid color, class tensions
Haiti ushers in last phase of transitional government amid color, class tensions

Miami Herald

time28 minutes ago

  • Miami Herald

Haiti ushers in last phase of transitional government amid color, class tensions

The latest transition of power in Haiti is highlighting long-standing fault lines between the country's Black majority and the mostly mixed-race business class and threatens to inflame unresolved social dynamics, spilling into the country's already volatile politics. Adding to the tensions: The U.S. State Department is weighing into the fray, accusing unnamed 'malign actors' of trying to destabilize the crisis-wracked nation by offering bribes to block the hand-over of power. On Thursday, Laurent Saint-Cyr assumed the leadership of Haiti's ruling nine-member Transitional Presidential Council from Fritz Alphonse Jean, a U.S.-educated economist, as part of a rotating presidency. Saint-Cyr represents the private sector on the council, which has some presidential powers and is tasked with restoring law and order to the Caribbean nation. Ahead of the change over, concerns over a possible coup led to increased security precautions. 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Tensions peaked last week when bribery allegations surfaced amid reports of an attempt to remove Prime Minister Alix Didier Fils-Aimé ahead of the changeover to shift the balance of power. Jean and other council members, along with the head of the Pitit Desalin political party, Jean-Charles Moïse, reportedly held secret talks about replacing Fils-Aimé as prime minister after efforts to dissuade Saint-Cyr from taking the helm failed. Fils-Aimé was unanimously appointed to the prime minister job in November after the council abruptly fired his predecessor, Garry Conille, after barely six months. Like Saint-Cyr, Fils-Aimé is from the business community and is considered part of Haiti's self-described 'mulatto' class, which, along with the private sector, has historically been a lighting rod for the country's ills. On Friday, the State Department took to X and, in a highly unusual post, the Bureau of Western Hemisphere Affairs made it known Washington will 'hold accountable anyone who seeks to disrupt' the transition. 'The United States is aware of reported bribery attempts to undermine Haiti's stability,' the post said. 'We commend those [council] members for rejecting corruption and reaffirm our support for their collaborative work with the Prime Minister to work together to stabilize Haiti, in our shared national interests.' State Department officials, responding to an inquiry from the Herald, did not provide details or say what fueled the post on Haiti. They would only say that they are 'aware of credible reports that malign actors are actively seeking to destabilize the transition government.' Jean, who took over the council's presidency in March, and Moïse denied the bribery allegations, and argued they were justified in their concerns about the transition, which would place two lighter-skinned men in the two top positions of power in Haiti, because of the country's long, tortuous history in which a small, lighter-skinned minority class has long controlled the majority of the wealth. 'Analyses are pouring in on social media and on radio stations on social rifts that may occur with Saint-Cyr and Fils Aimé occupying the top of the executive branches,' he said. He also dismissed the allegations of any bribery taking place behind the scenes. 'This question of bribery is a pure narrative manipulation of political entrepreneurs fighting to keep the status quo,' Jean said ahead of Thursday's swearing-in ceremony. 'It is a desperate and trivial effort to attract the sympathy of American congressmen and women, and the U.S. administration.' The optics are not lost on Haitians, who worry about political fallout from the country's small economic elite taking such a visible role when armed gangs have targeted their properties, and foreign governments have openly accused some of them of financing the gang warfare. But critics and political observers also say that Jean and others who are part of the transition are weaponizing the class and color issue to hide their own failure to put Haiti on the path to stability. 'We have to recognize that nothing is working here,' said Pierre Esperance, a human rights advice who recently issued a scathing report on the council's failings. The presidential council, he added, 'isn't any good, the governance isn't good, and the country is not being governed. You have a group of individuals who are fighting among themselves while at the same time collecting on all the privileges the state gives them each month, and they are not doing anything for the country.' Espérance warned that if the council and the prime minister fail to take action soon to initiate a political dialogue on governance, Haiti will face even greater instability. In the 16 months that the transitional council has been in power, Haiti is no closer to holding elections or getting the armed gangs under control. Instead, the country has ceded ground to gangs, which now control up to 90% of Port-au-Prince and are spreading to other regions to the north. 'Every time there is a change on the council, there is this kind of conflict,' said Jacques Ted St. Dic, who calls the infighting a diversion to hide the failings and corruption in the system. St. Dic acknowledges that given Haiti's history, the country finds itself at a difficult juncture, where the racial conflict between Blacks and lighter-skinned Haitians could resurface at any moment. 'All of those conflicts can emerge into a battle of politicians, a real political fight,' St. Dic said. 'And that's where the danger lies.' 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Playbook PM: Come to your census
Playbook PM: Come to your census

Politico

time29 minutes ago

  • Politico

Playbook PM: Come to your census

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Huge questions remain: It isn't clear yet whether Trump is demanding a new census now or changes for the 2030 count. Either way, his plans would face massive logistical, legal and political hurdles, AP's Josh Boak and colleagues report. The Constitution says the census must count 'whole persons,' and courts blocked Trump from adding a citizenship question in his first term. Under current law, a mid-decade census has to be done in a year ending in 5 — and only for funding, not apportionment, purposes. Planning for and pulling off one this year would be next to impossible. The Texas fight keeps escalating: Sen. John Cornyn (R-Texas) announced today that the FBI had said yes to helping find the Democratic state legislators who have blocked Republicans' gerrymander by fleeing the state, NYT's David Goodman and Julie Bosman report. But it's not clear yet what grounds the bureau would have to get involved or what crime has been committed. There's now the prospect of 'a standoff between the Trump administration and state leaders in Illinois,' as Gov. JB Pritzker pooh-poohed Cornyn's news as 'a lot of grandstanding' and said the FBI wouldn't arrest the Texans. How it's playing: 'We cannot allow these rogue legislators to avoid their constitutional responsibilities,' Cornyn said in his announcement. But Democrats held firm: 'The Trump administration continues to weaponize law enforcement to target political adversaries,' House Minority Leader Hakeem Jeffries posted. 'These extremists don't give a damn about public safety. We will not be intimidated.' In the spotlight: Texas Dems' protest to avoid a quorum will quickly become costly — and they're seeking lots of small-dollar donations to keep their effort afloat, AP's David Lieb and Jonathan Cooper report. Dem Caucus leader Gene Wu has become the unlikely man at the center of the fight, NYT's Pooja Salhotra reports. 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How we got here: 'A decade of Supreme Court rulings have given states increasingly unfettered power in redistricting,' by NBC's Lawrence Hurley: 'With technological advances making it increasingly easy to surgically draw districts to maximize partisan advantages, both Republican and Democratic states have continued the practice.' Good Thursday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@ 9 THINGS YOU NEED TO KNOW 1. NOT SO FAST: After reports that Trump planned to meet with Russian President Vladimir Putin in the coming days, the White House today said Putin would need to also meet with Ukrainian President Volodymyr Zelenskyy, the N.Y. Post's Caitlin Doornbos scooped. That could be a tough condition for Putin to meet. 2. FROM THE PRESIDENT'S DESK: Trump today is signing an order directing the Labor Department to make it easier for private equity, cryptocurrency and other assets to be included in 401(k)s, as Bloomberg's Jennifer Dlouhy and Allison McNeely scooped. The goal is to allow alternative asset industries, including real estate, to access these retirement plans, which have long centered on stocks and bonds. Another crypto win: Trump is also signing an EO addressing conservative claims of 'debanking' by telling regulators not to include 'reputational risk' language in banks' guidance, Fox Business' Preston Mizell reports. Banks say they have not discriminated against conservatives or on the basis of ideology — though debanking does broadly affect poor and undocumented people. But the crypto industry and conservatives have argued that they were being blocked from accounts. School daze: Trump is also signing a presidential memorandum to force all universities receiving federal funding to provide admissions data, to make sure they're not using race-based affirmative action, The Daily Caller's Reagan Reese scooped. 3. THE CHIPS ARE DOWN: Trump demanded that Intel CEO Lip-Bu Tan step down immediately, after Sen. Tom Cotton (R-Ark.) raised concerns about his past work as a venture capitalist investing in Chinese companies, per the WSJ. The semiconductor chipmaker, which is a major recipient of federal funding to build out domestic manufacturing, has said Tan's business history doesn't raise any security concerns for the U.S. But Trump declared that he is 'highly CONFLICTED.' 4. THE PURGE: Former acting FBI Director Brian Driscoll and at least one other agent are being pushed out of the bureau by tomorrow, NYT's Adam Goldman and colleagues report. Though the reasoning wasn't immediately clear, Driscoll had defended agents who investigated Jan. 6, and Walter Giardina has been targeted by Republicans after he worked on Trump-related cases. CNN's Evan Perez and colleagues report that acting Washington field office leader Steve Jensen is being ousted too. Meanwhile, as many as 300 GAO staffers are being offered buyouts, Punchbowl's Samantha Handler reports. And more: 'Pro-Trump group wages campaign to purge 'subversive' federal workers,' by Reuters' Linda So, Peter Eisler and Ned Parker: '175 federal employees, mostly civil servants, named on 'watchlists' posted online by the American Accountability Foundation, which wants them removed from their jobs for allegedly promoting liberal ideologies. Many are women and people of color with long careers under both Republican and Democratic administrations. 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And in New Jersey — a typically bluer state that Dems worry could be closer than Virginia this year — the DNC is pushing an unusual $1.5 million investment into the party's coordinated campaign, per the New Jersey Globe's Zach Blackburn. Om Savargaonkar will be director of the coordinated campaign. 2026 watch: Rep. Rob Bresnahan (R-Pa.) is facing new ads from the Natural Resources Defense Council Action Fund that criticize him for making lots of stock trades in office, Semafor's Eleanor Mueller scooped. First in Playbook: Slightly more than a day after launching his California congressional campaign, Democrat Jake Levine has pulled in more than $250,000. 7. FED UP: As Trump's team weighs potential replacements for Fed Chair Jerome Powell, central bank governor Christopher Waller is becoming a leading contender, Bloomberg's Saleha Mohsin reports. They like his 'willingness to move on policy based on forecasting, rather than current data, and his deep knowledge of the Fed system as a whole.' 8. FILLING THE SWAMP: 'Trump Delayed a Medicare Change After Health Companies' Donations,' by NYT's Ken Vogel and colleagues: '[O]ne of [Oliver] Burckhardt's biotech companies had donated $5 million to MAGA Inc. … About one month later, the Trump administration announced it would delay until next year the Biden administration plan to limit Medicare's coverage of the bandages, known as skin substitutes, saying that it was reviewing its policies. It was the culmination of an expensive influence campaign by Extremity Care that underscored Mr. Trump's willingness to grant access and preferential treatment to people and companies that fill the coffers of his political groups.' 9. FIRST IN PLAYBOOK: AARP Foundation warned that it will have to furlough staffers tomorrow if the Labor Department doesn't start releasing hundreds of millions of dollars for job training for low-income seniors that it froze earlier this summer. Without action by DOL, AARP Foundation says it would have to start ending the program, which serves nearly 7,000 people, next month. The letter More notes from the freezer: At Harvard, the federal government's funding freeze means that some of the world's top scientific and health research remains paused and could be set back years, AP's Leah Willingham and Michael Casey report. TALK OF THE TOWN Spencer Pratt was in town this week to meet with Pam Bondi and others about the LA wildfires, as he slams Gavin Newsom and Karen Bass for mismanaging the crisis. Donald Trump will honor more than 100 people who've received Purple Hearts at the White House this afternoon. Bill Clinton is shaking up this year's Clinton Global Initiative meeting. PLAYBOOK METRO SECTION — 'Inside one pastor's crusade for Christian domination in the age of Trump,' by CNN's Pamela Brown and Jeremy Herb: 'The inaugural service of Christ Church Washington DC, an extension of an Idaho-based Evangelical movement, took place in a building owned by the Conservative Partnership Institute … [Douglas] Wilson advocates for the idea that America should adopt a Christian theocracy and adhere to a biblical interpretation of society. The new church in Washington is part of that mission, he says. … Wilson's most prominent and public follower in the Trump administration is [Defense Secretary Pete] Hegseth.' AFTER DOGE — Katie Miller is launching 'The Katie Miller Podcast' with a focus on reaching conservative women, Axios' Mike Allen scooped. The former special government employee and Elon Musk adviser has stopped working for him full time to focus on entrepreneurship. Her first guests are VP JD Vance, Mike Tyson and Sage Steele. HOLLYWOODLAND — 'Skydance Takes Over Paramount, and a New Era Begins,' by NYT's John Koblin and Ben Mullin: 'The $8 billion merger of Paramount and the media company Skydance closed early Thursday morning, catapulting new power players to the top of Hollywood and ending a tortuous process that had lasted well over a year. Gone are the Redstones, whose family controlled CBS and Paramount Pictures for decades. In are the Ellisons.' TRANSITIONS — Laura Flores is now digital director for Colin Allred's Texas Senate campaign. She previously was digital comms director at Student Turnout Projects by Strategic Victory Fund and is a David Trone alum. … Thomas (Ted) Dunlap is now of counsel at Wilson Elser. He previously was at the Federal Motor Carrier Safety Administration and is a National Transportation Safety Board alum. Send Playbookers tips to playbook@ or text us on Signal here. Playbook couldn't happen without our editor Zack Stanton, deputy editor Garrett Ross and Playbook Podcast producer Callan Tansill-Suddath.

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