Georgia asked a federal appeals court Thursday to overturn a ruling that required more majority-Black state and congressional districts, a case that, if successful, has the potential to weaken the Voting Rights Act.
A three-judge panel of the 11th Circuit Court of Appeals wrestled with the role of race in elections after a judge ruled in October 2023 that Georgia’s districts were drawn in a way that weakened the voting strength of Black voters.
The appeal is the latest effort by a Republican-run state to challenge the Voting Rights Act, which prohibits discrimination in elections and redistricting.
If the courts agree with the state’s argument that partisan politics — not race — explains voting patterns, violations of the Voting Rights Act would be more difficult to prove. Black voters overwhelmingly support Democratic candidates in Georgia, while most white voters back Republicans.
An attorney for organizations that opposed Georgia’s 2021 districts, Abha Khanna, argued that Black voters need majority-Black districts to win representation.
“Black candidates are almost always defeated in these polarized elections outside majority-Black districts,” Khanna said. “Partisanship is not the best explanation for racially polarized voting in Georgia.”
An attorney for Georgia, Stephen Petrany, told the court that Black voters have already been successful in recent years. Five of Georgia’s 14 U.S. House members — all Democrats — are Black in a state with a 33% Black population.
“The evidence is virtually undisputed that when you change the race of the candidate, the majority votes virtually the same,” Petrany said. “When you change the party of the candidate, the majority voting behavior changes drastically.”
U.S. Circuit Judge Robin Rosenbaum, who was appointed by then-President Barack Obama, said Petrany’s argument overlooks Georgia’s history of discrimination.
“It seems that you’re asking us to completely ignore the role that race has played in how we got here,” Rosenbaum said.
U.S. Circuit Judge Barbara Lagoa, who was appointed by President Donald Trump, seemed open to Petrany’s claim that voters decide representation based on political parties rather than race.
Lagoa made reference to the victories of Democratic U.S. Sen. Raphael Warnock, who is Black, over a white and a Black Republican: Kelly Loeffler in 2021 and Herschel Walker in 2022.
“Isn’t that the best evidence that it’s partisan and not racial?” Lagoa asked.
The third judge in the case, Charles Wilson, an appointee of then-President Bill Clinton, didn’t indicate which way he was leaning.
The 11th Circuit judges are expected to rule in the coming months. The decision could then be appealed to the U.S. Supreme Court.
The U.S. Supreme Court has upheld the Voting Rights Act’s protections for Black voters in recent redistricting cases.
In a 2023 case, the Supreme Court allowed Alabama’s congressional maps to be redrawn to include a second district with a majority of Black voters.
The Georgia redistricting case arose from U.S. District Judge Steve Jones' order to redraw the state’s district lines to ensure adequate representation of Black voters.
The Georgia General Assembly then created new district maps in late 2023 that added districts with a majority of Black voters, but drew lines in a way that protected Republican power.
Lawmakers added a majority-Black congressional district in the western part of metro Atlanta, as well as two more Black state Senate districts and five more Black state House districts.
Then in last year’s elections, Republicans retained their 9-5 majority in Congress and a 33-23 advantage in the state Senate. Democrats gained two seats in the state House, but Republicans still control 100 out of 180 seats.
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