In a recent ruling, a panel of three federal judges in South Carolina decided that the state can use an existing congressional map that was previously deemed unconstitutional in its upcoming elections. The judges cited the upcoming state primary election in June and the lack of a remedial plan as reasons for their decision. This ruling allows the state’s Congressional District 1 map to remain in place until after the 2024 election cycle.
The judges had previously ruled in January 2023 that the map constituted an “unconstitutional racial gerrymander” and gave the state until March 31, 2023 to issue a remedial plan. However, this deadline was amended to “30 days after a final decision” from the U.S. Supreme Court after the state filed an appeal. The decision to continue using the existing map was described by the judges as bending the ideal to the practical due to the upcoming primary election procedures and the pending Supreme Court appeal.
The American Civil Liberties Union condemned the decision, with the deputy director of the ACLU’s Voting Rights Project expressing concern that Black voters’ rights were being disregarded. The ACLU criticized the state’s failure to rectify the map, which had excluded more than 30,000 Black voters from Charleston County. This exclusion was seen as beneficial to the reelection bid of Rep. Nancy Mace, R-S.C., according to the judges who deemed the map unconstitutional.
The Supreme Court has yet to issue a ruling on the case, despite hearing arguments in October. Justices were reportedly skeptical that the map was unlawfully drawn to exclude Black voters and if the Court upholds the lower court’s ruling, the state would be required to draw up new maps for the 2026 election cycle. Congressional district maps are typically drawn every decade based on federal census results, and the lawsuit against South Carolina lawmakers was filed in October 2021.
In a similar case in New York, the state’s Court of Appeals struck down district maps drawn by state Democrats after Republicans argued they were unconstitutionally gerrymandered. After a lengthy legal battle, New York Democrats approved a new congressional map in February that slightly improved the party’s chances of winning a majority. The Supreme Court’s decision on the South Carolina case will be closely watched as it could have implications for future election cycles in the state and beyond.
