On Sunday, June 12, the Fifth Circuit lifted the stay in Robinson v Ardoin, 22-30333. This is a redistricting case for Louisiana U.S. House districts. On June 6 U.S. District Court Judge Shelly Dick had ruled that Louisiana’s districting plan violates the Voting Rights Act, but on Thursday, June 9, the Fifth Circuit had stayed her order. The June 12 action means that the Louisiana legislature will proceed to draw new districts.
Louisiana has six U.S. House districts, and almost one-third of the population is African American. The issue is whether the state must draws two majority Black districts, or just one. The legislature earlier this year had drawn just one.
The three judges who signed the June 12 order are Stephen A. Higgonson, an Obama appointee; Jerry E. Smith, a Reagan appointee; and Dan R. Willett, a Trump appointee. Here is their order.
The states of Alabama, Arkansas, Georgia, Indiana, Kentucky, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Texas, and Utah, had filed an amicus brief, urging the court to retain the districts the legislature had drawn earlier this year.
Louisiana does not have congressional primaries; it only has a general election in November. If no one gets 50%, there is a December run-off. This is a key fact in allowing the courts to act so late in the year. The Fifth Circuit noted that almost every congressional candidate gets on the Louisiana ballot by paying a filing fee, and that also makes it possible for the districts to change as late as June of an election year.
More anti-Democracy minority rule gerrymander R-O-T.
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PR
The plaintiffs did not cite a 14th Amendment claim and thus there was no three-judge panel. Instead the decision was based on the VRA whivh is intended to enforce the 14th and 15th Amendments.
If they had gone through a three-judge panel it is likely that that the case would be stayed pending the SCOTUS decision in the Alabama case.
It is impossible for mere mortals to distinguish whether voters are being assigned to districts based on race, or the districts were carefully drawn to include areas where black voters resided.
The Open Congressional Primary Election is on November 8.
The Congressional General Election is December 10.
The Federal Election Commission says, “In Louisiana, a Congressional primary is not held. The election for candidates seeking Federal office is the General Election scheduled for November 8, 2022.” See footnote 2 in the FEC chart, “2022 Congressional Primary Dates and Candidate Filing Deadlines for Ballot Access.”
If you feel the FEC is wrong, perhaps you could communicate with the FEC at 800-424-9530.
The US Constitution grants time, place, manner authority over congressional elections to the state legislatures. Congress has exercised its time override, but not manner override. The Louisiana legislature and Secretary of State are authoritative.
The FEC does not administer congressional elections. It instead regulates campaign finance of federal elections. The footnote you cite merely reflects the FEC’s effort to fit the Louisiana election scheme into congressional statutes.
See further on in the document:
“The FEC has jurisdiction over federal campaign finance law and does not have authority over the administration of elections. Questions concerning a state’s primary election procedure should be addressed to the state’s Election Director.”
2 USC
From Title 2—THE CONGRESS
CHAPTER 1—ELECTION OF SENATORS AND REPRESENTATIVES
Sec.
1. Time for election of Senators.
1a. Election to be certified by governor.
1b. Countersignature of certificate of election.
2. Omitted.
2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk.
2b. Number of Representatives from each State in 78th and subsequent Congresses.
2c. Number of Congressional Districts; number of Representatives from each District.
3, 4. Omitted.
5. Nominations for Representatives at large.
6. Reduction of representation.
7. Time of election.
8. Vacancies.
9. Voting for Representatives.
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PLUS ALL THE ZILLION SECTIONS IN USC, TITLE 52.