Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Section 2 of the Voting Rights Act versus the 14th Amendment Section 2 of the Voting Rights Act (VRA) prohibits any redistricting plan that dilutes the voting power of minorities. Since Thornburg v. Gingles (1986), plaintiffs preliminarily meet that standard by proving three conditions: the minority group must be large and compact enough to form a district, it must vote cohesively, and the white majority must usually defeat the minority’s candidate of choice. When those “Gingles preconditions” are satisfied, federal courts often order the state to draw an additional majority-minority district. The Equal Protection Clause of the 14th Amendment, however, takes a…
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U.S. Supreme Court Leaves North Dakota House Districts in Place Against Racial Gerrymandering Challenge

U.S. Supreme Court Leaves North Dakota House Districts in Place Against Racial Gerrymandering Challenge

On Monday, the U.S. Supreme Court upheld the legislature's creation of subdistricts within North Dakota House districts 4 and 9 in 2021. The lawsuit had claimed that the subdistricts - drawn to avoid vote dilution in the Native American populations within the Turtle Mountain and Fort Berthold Reservations - were unconstitutional racial gerrymanders. A federal three-judge panel in North Dakota dismissed the lawsuit in 2023 and the U.S. Supreme Court dismissed the plaintiffs' appeal, leaving the federal district court decision in place. Interestingly, the North Dakota Secretary of State reversed course during the litigation and notified the U.S. Supreme Court that…
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Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

Louisiana's 2022 congressional map faced a Section 2 vote dilution challenge because it had only one majority-Black district out of 6 in a state where one-third of the population is Black. The lawsuit was successful in that a preliminary injunction was granted on the basis that it was likely that the map violated Section 2 if the case were to go to trial. Louisiana passed a new map with two majority Black districts in early 2024. However, the new map brought new litigation alleging that the 2024 map was an illegal racial gerrymander. A divided federal panel ruled that it…
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Litigation Notes: Challenge to Galveston Co. TX Commissioner Court Map Survives Motion to Dismiss and will Proceed to Trial

Litigation Notes: Challenge to Galveston Co. TX Commissioner Court Map Survives Motion to Dismiss and will Proceed to Trial

Galveston Co., Texas: The County's adopted commissioner court precinct map for the 2020 cycle, is being challenged by the U.S. Department of Justice (DOJ), voting rights organizations, and several individual voters. The claims in the consolidated case center around the maps' elimination of the sole remaining minority-opportunity district. The county had failed to preclear a similar map during the 2010 cycle and was subject to a preliminary injunction by a federal district court to prevent the use of that map. The current map is being challenged on several grounds including racial gerrymandering, minority vote dilution, and intentional racial discrimination under…
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North Carolina’s Redistricting Maps Upheld by State Trial Court

On Wednesday, Jan. 11th a North Carolina state trial court upheld the congressional and state legislative maps drawn by the Republican-dominated legislature in Nov of 2021. Read the opinion and excerpts below. Here is a breakdown of the court's conclusions of law regarding each allegation: Partisan Gerrymandering in Violation of the NC Constitution's Free Elections Clause: "The Free Elections Clause does not operate as a restraint on the General Assembly’s ability to redistrict for partisan advantage." Equal Protection Clause of the NC Constitution: "The Court finds that the plans are amply supported by arational basis and thus do not violate…
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Illinois Federal Court Rejects Voting Rights Act and Racial Gerrymandering Challenges to Legislature’s State Senate and House Maps

On Thursday, the U.S. District Court for the Northern District of Illinois issued a per curiam opinion rejecting the claims of three groups of plaintiffs in the consolidated cases (McConchie, Contreras, and East St. Louis NAACP) against the state legislative district maps, which the legislature approved in September. The claims included allegations of racial gerrymandering and minority vote dilution in violation of Section 2 of the Voting Rights Act. In regards to the votings rights claims, the court characterized the plaintiff's view of the maps as a failure to "maximize" minority electoral success, and warned that the Supreme Court has…
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A Quick History of North Carolina Redistricting Litigation Post 2010

A Quick History of North Carolina Redistricting Litigation Post 2010

North Carolina - The redistricting process in North Carolina has the makings of a classic thriller. There are twists, turns, politics, intrigue, and edge of your seat courtroom drama.  Not to mention the crazy quilt of maps.  Here is an overview of what has happened so far in this state’s district drawing saga. (more…)
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Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

North Carolina - A three-judge federal appeals court panel ruled that 28 state legislative districts in North Carolina's 2010 redistricting map were unconstitutional racial gerrymanders that diluted the votes of black and Hispanic voters.  The state has appealed the case to the U.S. Supreme Court, but the lower federal court has already given an order to the North Carolina legislature to start on and finalize a new map for special state elections later in 2017. The Republican-dominated legislature would rather wait and see what the Supreme Court has to say, especially since a newly elected Democratic governor is waiting in the wings.  This…
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NPR and Scotusblog Recap Oral Arguments in Racial Gerrymandering Case

NPR and Scotusblog Recap Oral Arguments in Racial Gerrymandering Case

Wash. DC - NPR's Nina Totenberg recaps Supreme Court oral arguments in , Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris;  the racial gerrymandering claims arising from the Virginia state legislative and the North Carolina congressional map, which were heard on Monday.  Click below for audio. Read Scotusblog's analysis here.    
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