The Supreme Court has faced delays in resolving a South Carolina redistricting case, prompting a lower court to intervene in order to allow a racially gerrymandered congressional district to be used in the upcoming election. The district in question belongs to Rep. Nancy Mace and was ruled to have been unlawfully drawn by removing thousands of Black voters. Despite this ruling, the lower court has allowed the district to remain in place for this year’s election, citing the approaching primary election procedures and lack of a remedial plan or ruling from the Supreme Court.
This decision has been seen as a setback for Democrats, who may have benefitted from a more favorable map if the district had been redrawn. The Supreme Court has been considering whether map-drawers unlawfully considered race when drafting the map but has yet to issue a ruling, despite calls for a resolution well before the election. Additionally, the justices have not acted on an emergency application from Republican state officials, leaving the existing map in place for now. The delay in resolving this case contrasts with the quick action taken on cases involving former President Donald Trump during the court’s recent term.
State officials had argued that their goal was to increase the Republican tilt in the district when drawing the map, leading to the removal of approximately 30,000 Black voters in an effort to strengthen GOP control of the competitive district. After a federal court ruled that race was a predominant concern when the district was drawn, Republicans appealed the decision, resulting in continued delays in the resolution of the case. The allegations against the map-drawers include claims of unlawfully considering race and diluting the power of Black voters, with legal arguments brought under the 14th Amendment of the Constitution.
The case in South Carolina arose under a different legal theory than a similar case in Alabama, in which civil rights advocates successfully challenged Republican-drawn maps under the Voting Rights Act. The delay in resolving the South Carolina case has caused uncertainty around the upcoming election and the composition of the congressional district maps. Despite the lower court’s decision allowing the racially gerrymandered district to be used in the election, the Supreme Court has yet to issue a ruling on the matter, leaving the situation unresolved and contributing to continued controversy and legal challenges surrounding redistricting efforts in the state.
