The Voting Rights Act Is Gutted — Black Workers Will Pay The Price

Last month, in a monumental Supreme Court decision Louisiana v. Callais, the court removed protections that prevented lawmakers from developing maps that weakened the political power of minority voters. In a 6-3 ruling, the court’s decision could open the flood gates for Republican-led states to eliminate Black and Latino Democratic districts, reported the AP, thus diluting the voting power of those from already historically marginalized populations. According to the League of Women Voters, the Callais case is “likely to become the most consequential Supreme Court case in over a decade.”

“After Callais, a court can only order a state to provide more representation to minority voters if they can show that the state can provide more minority representation without sacrificing any of its so-called ‘political’ goals—namely, maximizing the majority party’s seat share and protecting incumbents,” explained David Froomkin, assistant professor of law at the University of Houston Law Center. Froomkin went on to share, “That new standard means that it is now virtually impossible for plaintiffs to receive the protections that the Voting Rights Act is supposed to offer. Although the Supreme Court tried to downplay the gravity of its decision, it has effectively overturned Section 2 of the Voting Rights Act.”

Avis Jones-DeWeever, a political commentator and principal communications strategist at Nouveaux Strategies, shared more of the far-reaching impacts of this decision. “With history as precedent, this could literally have multi-generational effects on Black political power,” she explained. “We've already seen several southern states rush towards engaging in actions that will lead to breaking up majority Black districts. This could result in a loss of nearly a third of the Congressional Black Caucus, along with roughly 200 Black state legislators all across the South. The reality is, we've been here before. And odds are, unless this ruling is legislatively corrected, history will repeat itself.”

When reflecting on the potential workplace consequences of the Callais decision, Jones-DeWeever shared, “Black people have already experienced tremendous negative impacts in the workplace and beyond due to the actions of this administration well before the gutting of the Voting Rights Act. From the mass firing of federal workers to the elimination of DEI initiatives throughout both the federal government and much of the private sector, Black employment security has been severely disrupted. Further, enforcement and data collection changes at the Department of Labor and the Equal Employment Opportunity Commission have each worked to undermine the ability to identify and remedy workplace discrimination against Black people. Instead, their focus has been redirected to exclusively pursue allegations of discrimination against white men.”

The impacts of the Callais decision on Black workers are far-reaching. According to a 2020 working paper from the Washington Center for Equitable Growth, voter rights protections helped address wage discrimination and created economic opportunities for Black workers. Many states in the South have resisted increases to the minimum wage for example, which is where most of the U.S.’s Black population resides. “Failure to raise wages and adopt other worker protections in the region,” according to National Employment Law Project, “have especially pernicious effects on the Black workforce.” Because their political power has been severely weakened, legislators aren’t incentivized to develop policies that support Black workers and workers from other historically marginalized and excluded populations.

“While this is hitting many Black Americans hard, every single American should be concerned about this ruling and how it might affect their state or those surrounding them even if they don't live in the [affected] state,” wrote Ashtin Berry, who is a Louisiana resident and activist. “Now is the time for folks to start getting activated, and learning how the 1965 Voting Rights Act and the other civil rights bill impacted the state you live in and your family.”

Jones-DeWeever went on to explain, “The long-term implications of these setbacks are vast, as policy implications could not only negatively impact the Black community specifically but also the nation as a whole. Greater Black political representation typically leads to legislative action that results in a higher minimum wage, protections for Social Security and other social safety-net programs, expansions of reproductive rights, labor rights, civil rights enforcement, increased funding for HBCUs and Black businesses, affordable housing legislation, and greater healthcare access. When Black political power is compromised, Black people not only lose the ability to have representatives who most intimately understand their concerns represent their interests, but the ability to pass legislation that best serves their needs may too be undermined. And when that happens, Black communities are not the only ones negatively affected. We all are.”