Jackson Jambalaya

 The state of Mississippi is going to have to redraw the maps for electing Supreme Court justices.  

Dyamone White, Derrick Simmons, Ty Pinkins, and Constance Harvey-Burrell sued the State Board of Election Commissioners, Governor Tate Reeves, Attorney General Lynn Fitch, and Secretary of State Michael Watson in U.S. District Court in 2022.  A battery of lawyers from the ACLU and Southern Poverty Law Center represented the plaintiffs. 

Justices are elected from three districts on at "at-large basis."  The current map used was created in 1987, nearly 40 years ago.  U.S. District Judge Sharion Aycock noted only four black Supreme Court justices have been elected.  They were all first appointed by a sitting Governor before running for election.  

The plaintiffs alleged the map violates the Voting Rights Act by "illegally diluting" the votes of Black citizens in the Central District.  

The 105-page opinion held the map is indeed illegal under the Voting Rights Act.  Judge Aycock held: 

At this time, the Court finds that declaratory and injunctive relief are appropriate. It is hereby DECLARED that the current Mississippi Supreme Court electoral map violates Section 2 of the Voting Rights Act. The Defendants are hereby ENJOINED from utilizing the current electoral map in any further Mississippi Supreme Court elections.

As to the need to enact a new plan, the Court notes that this is first an issue for the Legislature. See Robinson, 86 F.4th at 601 (“Federalism concerns are heightened in the present context: even after a federal court has found a districting plan unconstitutional, redistricting and reapportioning legislative bodies is a legislative task which the federal courts should make every effort not to preempt.”) .... (additional citation and internal quotation marks omitted). Additionally, when questioned by the Court at the conclusion of trial, counsel agreed that, in the event of a liability finding for the Plaintiffs, the Mississippi Legislature should first be given an opportunity to enact a new plan prior to this Court taking any action in that regard. The Court agrees and will provide the Mississippi Legislature an opportunity to enact a plan in compliance with Section 2 of the Voting Rights Act. The Court will convene a status conference with the parties to address an appropriate deadline to impose upon the Legislature to take such action.

Judge Aycock was appointed to the bench by President George W. Bush in 2007.  

Kingfish note: The current justices will serve out the remainder of their terms but all future justices will be elected from newly-drawn districts.