In a significant development, the 5th U.S. Circuit Court of Appeals has denied Louisiana Republicans' request to rehear a case that could have had far-reaching implications for redistricting and precedent under the Voting Rights Act (VRA). The request challenged the ability of private parties, including nonprofit organizations and voters, to bring claims under Section 2 of the VRA to rectify discriminatory maps and voting practices.

The case in question, Ardoin v. Robinson, was initially filed on behalf of Black voters who alleged that Louisiana's congressional map diluted their voting strength, thus violating Section 2 of the VRA. In a recent decision, the 5th Circuit affirmed that Louisiana must draw a new congressional map, prompting Louisiana Republicans to seek rehearing by the entire 5th Circuit, as opposed to the usual three-judge panel.

The specific aspect challenged by Louisiana Republicans was a November ruling that upheld the right of private litigants, such as civil rights groups and individual voters, to bring lawsuits under Section 2 of the VRA. This concept, known as a private right of action, was cast into doubt by a ruling from the 8th Circuit in November, which held that private litigants can no longer bring such lawsuits, affecting seven states within the 8th Circuit.

However, the 5th Circuit declined the request for rehearing, effectively stalling Louisiana Republicans' attempt to block private groups and voters from bringing claims under Section 2. This denial is seen as a victory for voters and private groups in the three states covered by the 5th Circuit - Louisiana, Mississippi, and Texas. Importantly, it maintains the established precedent for a private right of action under Section 2 of the VRA in the 5th, 6th, and 11th U.S. Circuit Courts of Appeals.

While this ruling advances the possibility of a fair map for Louisiana in 2024, the timeline for adopting a new congressional map remains unchanged. The Legislature has until January 30 to either enact a new map or inform the court of its decision not to do so. At this point, three potential paths lie ahead:

1. If the Legislature fails to pass a new map, a trial concerning the existing map will commence on February 5 in district court.
2. If the Legislature successfully passes a new map that receives no objections from the plaintiffs in the lawsuit, it will be enacted for the 2024 elections.
3. If the Legislature passes a map that is objected to by the plaintiffs, a trial on March 25 will determine its viability for the 2024 elections.

With the 5th Circuit declining to reconsider its previous decision, Louisiana moves one step closer to achieving a fair map for the 2024 elections. The outcome of this case will have significant implications for voting rights and redistricting not only in Louisiana but also in the broader context of the Voting Rights Act.