05/13/2026
SUPREME COURT DECISION COULD OPEN THE DOOR FOR ESCAMBIA COUNTY COMMISSION, SCHOOL BOARD, AND CITY COUNCIL REDISTRICTING
By John Singley
PENSACOLA, Fla (May 12, 2026) The U.S.Supreme Court recently ruled that congressional districts drawn on the basis of race were unconstitutional, thus upending fifty years of precedent on how courts interpreted the Voting Rights Act.
One constitutional scholar tells 850 News that the Supreme Court ruling, Callais Vs. Louisiana, could open the door to court challenges to racially-drawn Escambia County Commission, School Board, and Pensacola City Council districts.
Zack Smith, Senior Legal Fellow at the conservative Heritage Foundation, told us that in 1984, local Escambia County districts were ordered by Federal Judge Winston Arnow in the case Escambia Vs McMillan, to include majority minority districts in order to abide by the Voting Rights Act.
A majority minority district is defined to be an electoral district where racial or ethnic minority groups make up a majority of the population, designed to ensure these communities can elect their candidates of choice.
In the Callais decision, the Supreme Court said that interpretation of the Voting Rights Law was wrong and conflicted with the Equal Protection clause of the 14th Amendment.
“What the Supreme Court said in the Callais decision is there is no such thing as good discrimination. There is no such thing as treating people differently based on race even for noble purposes.” Smith says.
We asked Smith what the Calais decision means for our districts here in Pensacola and Escambia County.
“I think there’s a very good argument to be made that the Pensacola City Council districts, the school board and commission districts all would be subject to challenge.” Smith told us.
“When the City redistricting commission drew the current council districts in September, 2021, following the 2020 census, they said explicitly that their goal was to retain at least two majority minority districts.” Smith pointed out.
Indeed, according to a Pensacola News Journal report by Jim Little, the 2021 Pensacola Redistricting Commission Chair Dianne Mack said that maintaining two majority minority districts was a goal.
The result was city council districts 5 and 7 became majority black districts.
The County and School Board redrew their districts also in 2021 and maintained District 3 as the majority minority district to abide by the McMIllan vs Escambia County 1982 court order.
“During the most recent county commission redistricting, there was some confusion over what prior court orders and prior precedent required so I don’t fault them.” Smith says "But after the Callais decision, it should be clear that those types of racial considerations are inappropriate, unconstitutional, and current districts likely need to be revisited.”
Photo: Winston Arnow Federal Courthouse, Pensacola by GSA.
