High Court Used Flawed Data

Supreme Court Cited Misleading Data in Voting Rights Act Ruling The U.S. Supreme Court, in a recent ruling concerning the Voting Rights Act, cited data on Black voter turnout that relied on an unconventional methodology, according to an analysis published on May 8, 2026.

Justice Samuel Alito's opinion, which addressed Louisiana's congressional map, stated that Black voter turnout had surpassed white voter turnout in two of the five most recent presidential elections, both nationally and within Louisiana. This assertion was drawn from a friend-of-the-court brief submitted by the Department of Justice.

The Department of Justice's brief calculated voter turnout as a proportion of the total population over 18 for each racial group. This method, which includes individuals ineligible to vote such as non-citizens and those with felony convictions, is not the standard approach for calculating statewide turnout.

Experts typically use the citizen voting age population or the voter eligible population. When analyzed using the citizen voting age population, Black voter turnout in Louisiana exceeded white turnout in only one of the last five presidential elections (2012).

Furthermore, an analysis of data from the Louisiana Secretary of State's office, which calculates turnout as a percentage of registered voters, indicates that Black turnout has not exceeded white turnout in any of the last five presidential elections in Louisiana. Nationally, the gap between Black and white voter turnout has widened in the three most recent presidential elections following 2012, contradicting the broader implication of Alito's statement regarding similar participation rates.