A federal judge has ordered Mississippi to hold special elections for its Supreme Court, a move that could reshape the state’s highest court after a lawsuit alleging racial gerrymandering of the electoral map.
Judge’s Order and Timeline
U.S. District Judge Sharion Aycock issued the Friday ruling, giving the Mississippi Legislature until the end of its 2026 regular session to redraw the map. Once a new map is approved, Aycock said she will move quickly to meet any deadlines necessary to hold the special elections in November 2026. She also noted she will defer deciding which seats will be subject to a special election until after the new map has been adopted.
Background of the Voting Rights Challenge
The August order by Aycock required Mississippi to redraw a map enacted in 1987. The judge concluded that the current configuration dilutes the power of Black voters, violating Section 2 of the Voting Rights Act. Section 2 is the primary tool for plaintiffs to challenge racially discriminatory election practices, and it is currently being challenged at the U.S. Supreme Court.
ACLU’s Case and Findings
The order follows a 2022 lawsuit by the American Civil Liberties Union. The ACLU argued that the current map cuts Mississippi’s Delta region – a historically Black area – in half, diminishing the Black vote in the Central District. “Mississippi is nearly 40% Black, but has never had more than one Black Justice on the nine-member Court,” Ari Savitzky, a senior staff attorney with the ACLU’s Voting Rights Project, wrote in a statement. “We couldn’t be happier to see justice on the horizon.”
Historical Representation on the Court
In her August ruling, Aycock noted that only four Black people have served on Mississippi’s Supreme Court. All of them held the same seat in the Central District and were first appointed to the position by a sitting governor. The lack of diversity has been a central point in the ACLU’s complaint.
Legislative Response and Appeals
The Mississippi Secretary of State’s Office is appealing Aycock’s August ruling. The Fifth U.S. Circuit Court of Appeals has stayed its proceedings pending the outcomes of the Supreme Court case and other related cases. The Secretary of State and Attorney General’s offices did not immediately respond to requests for comment.
Supreme Court Appointments and Future Elections
In December, two Mississippi Supreme Court justices were appointed to federal judgeships. Gov. Tate Reeves will appoint replacements to serve until new justices can be elected. In Mississippi, Supreme Court elections are nonpartisan.
Key Takeaways
- Mississippi must redraw its Supreme Court electoral map by the end of the 2026 session.
- Special elections are scheduled for November 2026 once a new map is adopted.
- The ACLU’s lawsuit highlighted racial dilution and the historical lack of Black justices.
The decision underscores the ongoing tension between state election practices and federal voting rights protections. As the legislature works on a new map, the upcoming special elections may bring significant change to the composition of Mississippi’s highest court.
