Last month, the Supreme Court ruled it was illegal for lawmakers in Louisiana to create a new majority-black congressional district, striking down a voter-approved Democratic congressional redistricting plan. The case’s largest concern is whether Louisiana’s new congressional map is an unconstitutional racial gerrymander.

After the state redrew its congressional district, a federal judge in Robinson v. Ardoin held that the new 2022 map likely violated the Voting Rights Act of 1965, because it did not include an additional majority black district. Now, however, in Louisiana v. Callais et al., courts have ruled there does not need to be a redistricting to create an additional majority black district unless there is proven racist intent behind the current districting.

This sets a precedent that crumbles the previous Voting Rights Act, creating a similar issue to the one that originally led to its creation, as proving any racial intent behind districting is extremely difficult, and unlikely to be successful. This means that the number of majority black districts might drop even further in coming years.

As such, Democratic lawmakers in the commonwealths have already notified the court they intend to appeal the decision of Louisiana v. Callais et al. to the U.S. Supreme Court. As of Friday, May 8, the Democrats, being led by House Speaker Don Scott and Attorney General Jay Jones, have filed a motion to pause the ruling from taking effect while they appeal for an emergency hearing in the U.S. Supreme Court.

This response makes sense, as Trump called the original ruling a “Huge win for the Republican Party, and America, in Virginia.” In response, Richard Hudson, chairman of the National Republican Congressional Committee, said the ruling was another sign of GOP momentum heading into the midterms. However, he’s asserted the Democrats will not back down, saying: “We’re on offense, and we’re going to win.”