Since a 2003 ruling by the Supreme Court, that definition of "Black" has included every person who identifies as Black on census forms — including people who check off the boxes for Black and any other racial or ethnic category such as white, Asian and Hispanic or Latino, which the federal government considers to be an ethnicity that can be of any race.

Republican state officials, however, have called for narrower definitions of Blackness that do not include people who also identify with another minority group.

Citing no evidence, GOP officials in Alabama argued in lower court filings that limiting the definition to people who mark just the "Black" box and do not identify as Latino for the census would be "most defensible."

And in the Louisiana case — Ardoin v. Robinson — officials have been arguing for the definition to only include people who check off either just the "Black" box or both "Black" and "White" and do not identify as Latino.