In 2018, David Tyson
Jr., an African American, sued Richardson Independent School District in Texas
for violating Section 2 of the Voting Rights Act. In the district’s 164-year
history, Tyson was the only person of color ever to serve on the school board.
Yet, at the time of the lawsuit, white students made up less than 30 percent of the district while
Black and Hispanic students made up nearly 60 percent.When Congress enacted
the Voting Rights Act at the height of the Civil Rights Movement, it gave
communities the tools to combat these kinds of racial harms. Section 2 of the act outlaws state and local governments from enacting voting rules that result
in racial discrimination. One of the undersung aspects of the Supreme Court’s
recent decision in Louisiana v. Callais—for which there has been much
hue and cry over the way it’s paved the path for right-wing state governments
to draw majority-minority federal districts out of existence—is that it cuts
away at this protection for local governments, as well, rendering it “all but a
dead letter,” as Justice Kagan laments in her dissent.While the media has focused on Callais’s impact on
Congress in the 2026 midterms, its darkest mark will be on local governments.
Section 2 of the Voting Rights Act has been most frequently applied to address and remedy local electoral practices, not
state ones. Its use heralded diverse school boards and city councils where
national minorities, by virtue of being local majorities, can govern.Through this phenomenon, diversity develops twice over. First, through representational diversity and second, through
institutional diversity. Minorities can see themselves represented on school
boards, county commissions, and city councils. And they can harness that
representation to institute local governments that do not look like state or
national government. These more representative governments are more likely to become
local laboratories willing to conduct policy experiments or try alternative
governance approaches that the broader polity dismisses or ignores. This is why
diversity at the level of individuals and institutions cultivates a rich
democracy. Callais endangers these sites of local democracy by hollowing
out Section 2 protections.But back in 2018 when
Tyson filed his lawsuit,
Section 2 of the Voting Rights Act was still intact. We can look back in time
to see its salutary effects. Tyson told a “tale of two districts,”
where—unsurprisingly—a ceaselessly homogeneous school board had harmful
consequences for the Richardson school district. Elementary schools where at
least 70 percent of the students met grade level in two or more subjects
were two-thirds white—and the vast majority were not economically
disadvantaged. By contrast, the lowest-performing elementary schools were
predominantly made up of Black, Latino, and economically disadvantaged
students. Atop the startling peak of disparity was the 60-point achievement
gap between the district’s highest-performing school, which was predominantly
white, and its lowest-performing school, which was predominantly Latino.These racial inequities did
not go unnoticed by the Black and Latino voters of Richardson. And yet,
Richardson’s school board remained persistently white for one reason: the
district’s voting practices. While white students constituted a minority in the
district’s schools, white voters still comprised a majority of the district’s
population. These demographics, combined with an at-large, district-wide voting
scheme where every voter in the district voted in every school board election, meant that minority voters would never succeed in electing a candidate of their
choice. The minority vote would always be diluted against the white vote. The school board—whether
under the threat of ongoing litigation or by a genuine change of heart—agreed
to end this pernicious status quo. In 2019, Richardson Independent School
District settled. As part of the settlement, the district moved toward a single-member district voting
model. Specifically, it instituted an electoral
scheme that allows voters within a predefined border to elect a board member to
represent them—similar to congressional districting. Two of the five
single-member districts in Richardson were drawn to ensure that Black and
Latino voters were the majority. Voters from these districts later elected Regina
Harris, the first Black woman, and Debbie Rentería, the first Hispanic person,
to serve on the school board.Richardson was not alone
in making this kind of change. In response to immigration and changing racial
demographics, the late 2010s saw a spate of
lawsuits across school boards in North Texas alleging
violations of Section 2 of the Voting Rights Act. Many of these districts
settled and moved to electoral systems that gave voters of color greater voice
in their representation.