Cite as: 608 U. S. ____ (2026)
13
Opinion of the Court
implement a new map before the 2022 election, which was
less than six months away. Id., at 856.
Louisiana objected to the decision and promptly appealed. But because of circumstances outside the State’s
control, its appeal ended up in limbo. This Court granted
certiorari before judgment and held the case pending a decision in Allen. Nearly a year later, after deciding Allen,
the Court dismissed the petition as improvidently granted
and remanded the case to the Fifth Circuit to consider Louisiana’s appeal in the ordinary course. By that time, the
2022 election had passed, and the urgency that had justified the preliminary injunction was no longer present. In a
tentatively worded opinion, the Fifth Circuit held that the
Robinson District Court’s decision “was valid when it was
issued” but that the preliminary injunction was no longer
needed. Robinson v. Ardoin, 86 F. 4th 574, 599–600 (2023).
In the absence of urgency, the Fifth Circuit remanded the
case to the District Court with instructions to give Louisiana time to draw a new map. If Louisiana failed to do so,
the Fifth Circuit suggested, the District Court could proceed with a trial on the merits and, if needed, remedial proceedings. Id., at 601–602.
After the Fifth Circuit’s remand, Louisiana did not have
many options. In the Robinson decision, the District Court
held that the plaintiffs were “likely to prevail” on their
claim that the Voting Rights Act demanded the creation of
a second majority-black district. 605 F. Supp. 3d, at 851.
So if Louisiana refused to adopt such a map, the District
Court would likely draw one and mandate its use. Wishing
to avoid that outcome, Louisiana decided to draw its own
map. After a deliberative process, Louisiana enacted the
map at issue in this suit: SB8.