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Fact check: How does the Voting Rights Act impact redistricting between censuses?

Checked on August 24, 2025

1. Summary of the results

The Voting Rights Act significantly impacts redistricting between censuses through multiple mechanisms, though its power has been substantially weakened by Supreme Court decisions. The Act's Section 2 allows minority voters to challenge redistricting maps with racially discriminatory effects, and courts can order these maps to be redrawn even between census cycles [1]. This provision requires states to ensure that minority voters have the opportunity to elect representatives of their choice [2].

However, the Act's effectiveness has been dramatically reduced. The Supreme Court's 2013 decision in Shelby County v. Holder gutted the preclearance provision, which previously required certain states with histories of racial discrimination to obtain federal approval before changing voting laws or redistricting maps [2] [3] [4]. This preclearance requirement was described as "a powerful tool in preventing voter discrimination" but is now effectively ended [4].

Current redistricting battles in states like Texas, California, Louisiana, New York, and Illinois demonstrate the ongoing relevance of the Voting Rights Act between census cycles [5] [6]. In Louisiana specifically, the Act led to the creation of a second Black-majority district, though this was subsequently challenged by white voters as an illegal racial gerrymander [1].

2. Missing context/alternative viewpoints

The original question lacks several crucial contextual elements:

  • State-by-state variations in redistricting rules: Some states like New York and Illinois have constitutional or statutory restrictions that limit or prohibit mid-decade redistricting, while others like Texas and California are actively considering redistricting ahead of the 2026 midterms [5].
  • The Supreme Court's evolving stance: The Court's current composition suggests it may further weaken the Voting Rights Act, with recent rulings giving states "increasingly unfettered power in redistricting" [2]. The Court is currently considering cases that could further limit the Act's power [1].
  • Political and partisan implications: Redistricting can be used to favor political parties through gerrymandering, which is legal unless ruled to be racially motivated [6]. The current battles highlight how the Voting Rights Act shapes "the ideological tilt of districts and the balance of power in the US House of Representatives" [6].
  • Enforcement challenges: The Department of Justice's reduced role in enforcing the Act has left voters more vulnerable to discrimination [7], and there's now a "widening turnout gap between white and minority voters" following the weakening of preclearance requirements [4].

3. Potential misinformation/bias in the original statement

The original question itself appears neutral and factual, seeking information rather than making claims. However, it could be misleading by omission in several ways:

  • It doesn't acknowledge the Act's severely weakened state: The question implies the Voting Rights Act has substantial ongoing impact, when in reality its power has been dramatically reduced by Supreme Court decisions [2] [3] [7].
  • It assumes uniform application: The question doesn't recognize that the Act's impact varies significantly by state due to different constitutional and statutory restrictions on mid-decade redistricting [5].
  • It lacks temporal context: Without mentioning that the Act is "under siege" and facing potential further weakening, the question may give an outdated impression of the Act's current effectiveness [7].

The question would benefit from acknowledging that while the Voting Rights Act theoretically impacts redistricting between censuses, its practical effectiveness has been substantially diminished, leaving the democratic process and minority voting rights increasingly vulnerable [7].

Want to dive deeper?
What are the key provisions of the Voting Rights Act related to redistricting?
How does the Voting Rights Act protect minority voting rights during redistricting?
Can states redraw congressional districts between censuses without federal approval?
What role does the Department of Justice play in enforcing Voting Rights Act redistricting provisions?
How have Supreme Court decisions affected the application of the Voting Rights Act to redistricting?