Hearings to examine enforcing Callais, focusing on implementing the Supreme Court's gerrymandering

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary Subcommittee on Constitution · 2026-05-19 · 119th Congress
The Senate Judiciary Subcommittee on the Constitution held this hearing to examine the Supreme Court's decision in Louisiana v. Begins at 0:25:33
Transcript
Highlights

Title

Enforcing the Supreme Court's Callais ruling on racial gerrymandering

Purpose

The Senate Judiciary Subcommittee on the Constitution held this hearing to examine the Supreme Court's decision in Louisiana v. Callais and what it requires of states, courts, and the Department of Justice going forward on redistricting. Chair Eric Schmitt (R-MO) framed the hearing around ending race-based districting, while Ranking Member Peter Welch (D-VT) and other Democrats argued the decision weakens the Voting Rights Act's protections for minority voters. Witnesses Ed Greim (attorney who argued Callais), Will Chamberlain (Article III Project), and Todd Cox (NAACP Legal Defense Fund) testified on how the ruling should be implemented. Begins at0:25:33

Who spoke

Chair Eric Schmitt (R-MO)0:25:33: Opened the hearing saying Section Two had become a "racial sorting machine" that required states to draw majority-Black districts and then sued them for it0:26:28; called on the DOJ's Civil Rights Division to review and challenge racially gerrymandered maps in California and Illinois0:32:55.

Ranking Member Peter Welch (D-VT)0:34:21: Described his 1960s civil-rights organizing work in Chicago0:34:46 and argued Callais turns back the clock on voting-rights progress, citing proposed maps leaving Louisiana and South Carolina with minimal Black representation0:38:35; called for banning both partisan gerrymandering and mid-decade redistricting0:40:08.

Sen. Dick Durbin (D-IL)0:41:31: Recounted marching across the Edmund Pettus Bridge with the late Rep. John Lewis and cited that only 335 of 15,000 Black residents of Selma were registered to vote before the Voting Rights Act0:42:49; said he was troubled the hearing opened with a quote from Stephen Miller0:44:01.

Mr. Ed Greim, attorney who argued Callais0:47:22: Explained Callais resolves tension between the 14th and 15th Amendments by requiring states to show racially polarized voting stems from racial animus, not just party preference, before drawing majority-minority districts0:49:23; said states can still remedy proven past discrimination0:51:26, and later confirmed to Sen. Kennedy that race generally cannot be used to draw districts absent proof of intentional past discrimination1:41:51.

Mr. Todd Cox, NAACP Legal Defense Fund0:52:49: Argued Callais "upheld the landmark law while destroying it" and has caused chaos in ongoing 2026 elections, including Louisiana0:53:051:06:28; said the Black voting-age population in Louisiana is about 31%, not 40%1:08:42, and that Section Two's three-part test has been infused with partisanship, making claims far harder to bring1:36:29.

Mr. Will Chamberlain, Article III Project0:58:09: Argued any map where race was used as a factor is now presumptively unconstitutional under Callais0:59:02; cited California mapmaker Paul Mitchell's public statements that creating a Latino-majority district was his top priority1:00:15, and Illinois's statute requiring consideration of racial/coalition districts1:01:11.

Sen. Mike Lee (R-UT) [0:54:XX / first speaks at 1:14:54]: Walked through Students for Fair Admissions and Callais with Greim, establishing that race can only justify districting in rare, narrowly tailored circumstances1:13:37; later pressed Chamberlain on the California and Illinois maps as racial gerrymanders1:56:07.

Sen. Mazie Hirono (D-HI)1:19:01: Argued racial discrimination and voter suppression persist, citing the SAVE Act's citizenship documentation requirements as likely to disenfranchise millions1:20:52; said Callais effectively guts the Voting Rights Act despite technically leaving it "intact"1:21:53.

Sen. Ted Cruz (R-TX)1:25:14: Questioned Chamberlain on the historical party affiliation of poll taxes, literacy tests, and the KKK's founders, eliciting "the Democrats" each time1:25:51; cited examples of Black and Hispanic Republicans elected in majority-white/non-gerrymandered districts, including Tim Scott and himself1:28:521:30:14.

Sen. Alex Padilla (D-CA)1:32:48: Distinguished California's 2025 map, approved by voter referendum, from other states' legislature-imposed maps1:33:13; walked through Congress's 1982 amendment of Section Two to a results-based test and asked Cox whether the Court's Callais standard is consistent with that history1:35:41.

Sen. John Kennedy (R-LA)1:39:26: Pressed all three witnesses on whether Callais simply holds that race cannot be used to help or harm anyone in redistricting except in narrow circumstances1:40:191:43:40, repeatedly pushing back on Cox for what he called evasive answers1:44:04.

Sen. Sheldon Whitehouse (D-RI)1:47:57: Argued the Supreme Court's redistricting and campaign-finance rulings (REDMAP, Citizens United, Shelby County) form a consistent pattern favoring Republicans1:51:11; said Citizens United's transparency rationale was factually disproven by subsequent dark-money spending1:51:52.

Key moments

Schmitt cited Stephen Miller's claim that gerrymandered districts and flawed censuses create an "artificial 40 plus House seat advantage for Democrats"0:28:21.

Welch stated Callais-driven redistricting could leave Louisiana with only one Black member of Congress out of six House seats, and South Carolina with zero Black representation out of ten districts0:38:350:39:08.

Chamberlain quoted California mapmaker Paul Mitchell saying the "number one thing" he focused on was creating a replacement Latino-majority district in Los Angeles, and that the map would boost Latino and Asian-American "voting power"1:00:15.

Cox disputed the 40% figure cited in the majority's framing, stating Louisiana's Black voting-age population is closer to 31%1:08:42, prompting a sharp exchange with Sen. Durbin over whether that undercuts claims of racial vote dilution1:08:42.

Cruz's rapid-fire questioning established that poll taxes, literacy tests, the KKK, and Jim Crow laws originated with the Democratic Party, while citing Tim Scott, Burgess Owens, Byron Donalds, and Wesley Hunt as Black or Hispanic Republicans elected without majority-minority districts1:25:51.

Kennedy and Cox clashed repeatedly over whether Callais simply bars using race to help or harm any person in redistricting, with Kennedy accusing Cox of "obfuscating" and Cox calling the exchange "outrageous" rather than merely disappointing1:44:041:46:32.

Whitehouse argued Republicans control the U.S. House in a year they received fewer total votes than Democrats nationwide, attributing this to REDMAP-era gerrymandering upheld by the Court1:50:05.

Sen. Hirono and Sen. Cruz had a testy personal exchange after Cruz's questioning, with Hirono invoking a past clash between Cruz and the late Sen. Dianne Feinstein over being "lectured"1:31:48.

Padilla noted that of Section Two cases brought historically, 43% were successful, and asked Cox whether Congress should be concerned about the Court's disregard for congressional intent behind the 1982 amendments1:38:421:38:55.

Greim testified that three-judge courts have jurisdiction under 28 U.S.C. § 2284 over many racial-gerrymandering claims and suggested Congress expand that jurisdiction to prevent forum shopping0:52:01.

Metadata

CommitteeSenate Judiciary Subcommittee on Constitution
Chamber / CongressSenate · 119th Congress
Date2026-05-19
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript298 caption blocks · 12,941 words · 1:59:19 runtime
EventCongress.gov 338405