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October 15, 2025

Supreme Court's 2025-26 term takes up redistricting, party spending limits, and mail ballot deadlines

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Four major cases could reshape American elections more than Bush v. Gore

The Supreme Court's 2025-26 term opened Oct. 6, 2025, with a docket legal scholars called the most consequential for elections since Bush v

Gore

Three cases โ€” Louisiana v Callais, NRSC v FEC, and Bost v Illinois โ€” were accepted for argument in the same term, meaning the Court could issue rulings in all three by June 2026, weeks before states must finalize congressional maps and months before November 2026 midterm balloting The timing gives the 6-3 conservative majority maximum structural influence over the midterm rules before a single ballot is cast.

Louisiana v. Callais was reargued before the full Court on Oct. 15, 2025, after a fractured first argument produced no majority opinion. The case concerns Louisiana's congressional map, which a federal district court ordered redrawn in 2024 to add a second majority-Black district as a remedy for Section 2 Voting Rights Act violations.

Louisiana and Republican intervenors then argued the remedial map itself violates the Equal Protection Clause by relying too heavily on race. The Court's decision will determine whether states can be compelled to draw majority-minority districts as Section 2 remedies โ€” or whether such remedies are themselves unconstitutional racial classifications.

The legal stakes in Callais are enormous. Allen v. Milligan (2023) upheld Section 2 vote-dilution claims 5-4, with Chief Justice Roberts joining the four liberal justices. Justice Kavanaugh provided the critical fifth vote but wrote separately to signal skepticism about the scope of Section 2 remedies.

If the Court in Callais holds that court-ordered majority-minority districts violate the 14th Amendment, it would effectively nullify Section 2 as a practical tool โ€” allowing states to dilute minority voting power with impunity even after courts find violations. Voting rights advocates said that outcome would be the most significant rollback of the Voting Rights Act since Shelby County v. Holder (2013).

NRSC v. FEC challenges the constitutionality of federal caps on coordinated expenditures โ€” money political parties spend in coordination with their candidates. Under current law (2 U.S.C. ยง 441a), parties can spend only a set amount in coordination with candidates in each race; the NRSC argues this limit unconstitutionally restricts the party's First Amendment right to support its own candidates.

The FEC and the Democratic challenger argue that coordinated spending is indistinguishable from direct candidate contributions and that the limit serves the same anti-corruption interest. A ruling for the NRSC would allow parties to spend unlimited amounts in coordination with candidates โ€” blurring the line between party and candidate treasuries and potentially overwhelming the remaining campaign finance architecture.

Bost v. Illinois centers on a narrow but election-decisive question: can a federal candidate sue in federal court over a state mail ballot receipt rule? Illinois allows mail ballots postmarked by Election Day to be counted if received up to 14 days later. Republican federal candidates argue this practice effectively extends the election beyond Election Day, diluting their votes.

The threshold question is Article III standing โ€” whether the candidates have suffered a legally cognizable injury. But the substantive question beneath it is whether states can count late-arriving ballots at all in federal elections. A ruling on the merits could affect similar laws in more than 20 states.

The three cases collectively trace a unified structural logic: Callais determines whether minority communities can obtain remedial districts after proven vote dilution; NRSC v. FEC determines how much money parties can pour into individual races; and Bost determines whether mail-in voters in extension states have their ballots counted. Voting rights advocates argue the Court is being asked to simultaneously weaken the remedy for racially discriminatory maps, unleash party money in targeted races, and potentially invalidate late-arriving mail ballots โ€” three changes that would each individually favor Republican candidates in competitive districts.

The cases arrive in the shadow of the Court's 2023 Moore v

Harper ruling, which rejected the Independent State Legislature theory โ€” the doctrine that would have let state legislatures set federal election rules with no judicial review

Moore preserved judicial checks on state legislatures in federal elections Callais, Bost, and NRSC v FEC now ask the Court to draw the precise limits of those checks: what racial remedies can courts order (Callais), whether Congress can limit party spending (NRSC), and whether federal candidates can challenge state ballot-counting rules (Bost).

The political valence of the cases is largely asymmetric: a ruling for the challengers in all three would benefit Republican candidates. Majority-minority districts currently elect Democrats in the South; unlimited coordinated party spending would advantage the party with more money (Republicans); and striking down late mail ballot windows would disproportionately affect Democratic voters, who use mail ballots at higher rates. Legal scholars including Richard Hasen of UCLA Law and Franita Tolson of USC Gould School of Law have both warned that a sweep for challengers in all three cases would represent a structural reordering of electoral rules before the 2026 midterms.

๐Ÿ‘จโ€โš–๏ธJudicial Review๐Ÿ—ณ๏ธElections

Test Your Knowledge

10
Q1

Individuals can contribute up to $1,063,200 annually to national party committees in 2025-2026. Political action committees can contribute even larger amounts. Congress increased these contribution limits in a 2014 omnibus appropriations bill, creating special accounts for conventions, facilities, and legal expenses.

Q2

The Supreme Court stayed the district court's preliminary injunction in Allen v. Milligan in February 2022, allowing Alabama to use the discriminatory map for the 2022 elections. The stay was granted because it was an election year and the Court wanted to avoid disruption. Alabama's 2022 election resulted in six Republican victories and one Democratic victory.

Q3

Black voters in Louisiana sued when the 2022 congressional map packed one-third of the state population into one of six districts. Courts ordered Louisiana to draw a second majority-Black district. Who won the new seat in 2024?

Q4

After the Supreme Court ordered reargument in Louisiana v. Callais on June 27, 2025, the Court asked parties to brief a specific question about whether creating majority-minority districts violates the Constitution. Louisiana filed its supplemental brief on August 27, 2025. When did Black voters represented by the NAACP Legal Defense Fund file their supplemental brief?

Q5

The Supreme Court's 2010 decision in Citizens United v. FEC struck down limits on corporate independent expenditures, reasoning that independent spending cannot corrupt candidates. The NRSC argues this logic applies to coordinated party spending. But the Supreme Court upheld coordinated spending limits in _____ (year), finding coordinated spending is virtually indistinguishable from _____ (what type of political funding) and creates corruption risk. The current case is _____ (case name) v. Federal Election Commission.

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People, bills, and sources

John Roberts

John Roberts

Chief Justice of the United States

Brett Kavanaugh

Associate Justice of the Supreme Court

Clarence Thomas

Associate Justice of the Supreme Court

Sonia Sotomayor

Associate Justice of the Supreme Court

National Republican Senatorial Committee (NRSC)

Plaintiff, NRSC v. FEC

Federal Election Commission (FEC)

Defendant, NRSC v. FEC

Richard Hasen

Professor of Law, UCLA School of Law; election law scholar

Franita Tolson

Professor of Law, USC Gould School of Law; voting rights scholar

Evan Milligan

Plaintiff, Allen v. Milligan (2023); Alabama voting rights activist

Jeff Bost

Plaintiff, Bost v. Illinois State Board of Elections

What you can do

1

education

Read the Allen v. Milligan (2023) majority opinion to understand what Callais puts at risk

The 2023 Allen v. Milligan decision is the precedent Louisiana v. Callais could overturn or narrow. Reading Roberts's majority opinion explains what Section 2 vote-dilution claims require and why the Court upheld the Alabama challengers. It provides the baseline for evaluating any Callais decision.

2

civic action

Check your state's mail ballot receipt deadline and whether Bost could affect it

More than 20 states count mail ballots received after Election Day if postmarked on time. A ruling against Illinois in Bost could trigger challenges in all of them. The National Conference of State Legislatures maintains a state-by-state comparison of mail ballot deadlines.

3

civic action

Contact your senators about the structural implications of NRSC v. FEC

A ruling allowing unlimited party-candidate coordinated spending would affect every Senate race in 2026. Your senators sit in the institution the NRSC is suing to benefit. Ask whether they support campaign finance limits and whether they will push for legislation to close gaps a ruling against the FEC would open.

Hi, I'm calling about NRSC v. FEC, currently before the Supreme Court. The case challenges caps on coordinated spending between political parties and candidates. A ruling for the NRSC could allow unlimited party money in Senate races. I'd like to know whether Senator [Name] supports maintaining coordinated expenditure limits and whether they would support legislation to reinstate limits if the Court rules against the FEC.