It is extremely unlikely to happen. That provision in the state constitution, though founded on racism, has never been used in that way.

But some interesting ideas come to mind. As a parallel situation, because Blacks tend to live in large cities, it could have been claimed unlikely that a Black would ever win the US presidency under our electoral system—Yet we elected Barack Obama with strong support from the heartland. It all depends on the mindset of the voters. You can divide the electorate up in many different ways. No group will ever be equally represented in every state or voting district.

The plaintiffs have not been harmed at this point—they just see a potential for harm. I suspect this suit will be thrown out on that basis, but if that contentious provision is ever used as intended in 1890, then all hell would break loose and at that point a lawsuit would be successful.

No, it is not “back to the 1800’s again”, but this story makes for an exciting little rush of indignation among certain people.

More republican shenanigans.