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It will be at least several months before a federal judge, for the second time, decides whether Mississippi’s three state Supreme Court districts violate the Voting Rights Act and deprive Black voters.
After the U.S. Supreme Court, in its Louisiana v. Callais decision, rolled back protections for racial discrimination in redistricting, the U.S. 5th Circuit Court of Appeals reversed a decision from U.S. District Judge Sharion Aycock that the court districts diluted Black voting strength.
The 5th Circuit sent the case back to Aycock for additional legal arguments and to determine how the case should proceed, in light of the U.S. Supreme Court’s ruling.
Aycock on Tuesday ordered that both the plaintiffs and defendants should conduct a new phase of evidence and information collection and said she would hold a new evidentiary hearing at a later date. After the evidentiary hearing, she would likely enter a new order finding whether the district lines violate federal law.
The U.S. magistrate judge helping manage the case, Jane Virden, on Friday ruled that discovery must be completed by Sept. 24 and that Aycock could order additional briefings from the parties.
While the court case has played out, there remain two vacancies on the nine-member Mississippi Supreme Court, leaving seven justices to rule on cases before them.
Judges Robert Chamberlain and James Maxwell left the state court in 2025 to become federal judges in northern Mississippi. Gov. Tate Reeves has not yet appointed temporary replacements for the two vacancies.
Justice David Ishee from the Southern District has also not been able to qualify for reelection this November because of Aycock’s previous order, which prevented the state from using the maps in any election. Now that an appeals court has reversed her order, state officials would have to reopen qualifying or hold a special election.
Ishee told Mississippi Today he still plans on qualifying for reelection.
“I’m ready to go across the street and qualify whenever I can,” Ishee said.
Reeves, House Speaker Jason White and Lt. Gov. Delbert Hosemann have all said they would like to redraw the state Supreme Court districts. The governor has specifically said he wants the Legislature to redraw the districts before the 2027 election cycle.
The litigation started in 2022 when a group of Black voters and politicians sued, alleging that the state Supreme Court districts violated the Voting Rights Act. Aycock issued a 2025 order agreeing with the plaintiffs.
While Aycock considered adopting a new map for the districts, the U.S. Supreme Court upended redistricting guidelines in April 2026 with its Callais ruling.
