Supreme Court and the Voting Rights Act: What Nonprofits Need to Know

What happened:
In a 6-3 decision in Louisiana v. Callais, the U.S. Supreme Court struck down Louisiana’s congressional map that had created a second majority-Black district, ruling it an unconstitutional racial gerrymander. Writing for the majority, Justice Samuel Alito held that plaintiffs challenging redistricting under Section 2 of the Voting Rights Act must now show evidence of intentional discrimination — an extremely high bar that Congress did not write into the original 1965 law. In dissent, Justice Elena Kagan wrote that the majority had rendered Section 2 “all but a dead letter.”

Why this ruling is significant:
Combined with Rucho v. Common Cause (2019) — which barred federal courts from reviewing partisan gerrymandering claims — this decision removes nearly all federal judicial oversight of redistricting. Republican-led states moved immediately: Florida passed a redrawn congressional map within an hour of the ruling, and Missouri, Mississippi, Arkansas, and South Carolina are expected to follow. An NPR analysis found the ruling could put at risk at least 15 House seats currently held by Black members of Congress.

What it means for Pennsylvania nonprofits:
Pennsylvania’s current maps — drawn under court supervision — are not immediately subject to challenge under the new standard. However, the ruling will increase the political intensity around the 2026 midterms, which may increase pressure on nonprofits to take political positions that 501(c)(3)s legally cannot take. Nonprofits doing nonpartisan civic engagement work should be particularly clear-eyed about the distinction between protected nonpartisan activity and prohibited partisan activity heading into the election cycle.

Protecting your organization’s civic engagement work:
Nonpartisan voter registration, voter education, and get-out-the-vote efforts remain fully legal and are more important than ever. Keep activities strictly nonpartisan — no preferences for candidates, parties, or outcomes. Apply civic engagement activities consistently across communities. Document your nonpartisan approach clearly. The National Council of Nonprofits (NCN) has released messaging resources to help nonprofits respond if their civic engagement work is challenged.

Where things stand:
The decision is final. States are actively redrawing maps ahead of the 2026 midterms. Voting rights groups are pursuing litigation on alternative grounds and pushing for congressional action, though prospects in the current Congress are limited. PANO will monitor developments and their implications for Pennsylvania nonprofits.