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Why is the Court GVRing Cases In Light Of Callais That Did Not Turn On The Issues In Callais?

I think the Court is hoping these cases go away on the merits and they won't have to deal with them.

Josh Blackman | 5.18.2026 11:39 AM

Today the Supreme Court GVR'd two cases in light of Callais. State Board of Election Commissioners v. Mississippi NAACP and Turtle Mountain Band of Chippewa Indians v. North Dakota presented the same issue: whether there is a private cause of action under Section 2. And, in both cases, Justice Jackson dissented. She wrote:

This case presents only the question of Section 2's private enforceability, which our decision in Louisiana v. Callais, 608 U. S. ___ (2026), did not address. Thus I see no basis for vacating the lower court's judgment.

Last week, the Court GVR'd a case from Alabama, Allen v. Caster, in light of Callais. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. They contended that in addition to a Section 2 claim, the........

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