Supreme Court weighs race factor in Virginia gerrymandering case
ABC News – The Supreme Court Monday waded into a long-running dispute over the use of race as a factor in drawing Virginia’s state legislative districts, setting the stage for a major decision that could reshape the electoral landscape in a key swing state on the eve of the 2020 presidential election.
The case centers on 11 state House of Delegates districts whose boundaries were drawn in 2011 following the 2010 census and have high numbers of black voters. Critics allege the map was drafted to “pack” racial minorities into districts to limit their political influence elsewhere; defenders say race did not predominate other race-neutral considerations.
The Voting Rights Act of 1965 requires states like Virginia with a history of systemic discrimination to consider race as a factor when drawing boundaries. However, the 14th Amendment’s Equal Protection Clause limits states from using race to restrict voting rights of a minority group.
“I’m wondering how a state can comply with the Voting Rights Act on the one hand and Equal Protection on the other in this narrow band,” said Justice Brett Kavanaugh.
The Republican-controlled House of Delegates, in drawing the map, decided that in each of the 11 districts – where minority voters make up a majority of the population in Virginia – black voters should be at least 55 percent of the eligible voter pool to ensure that African-Americans could elect a candidate of their choice.
The plan at the time received wide bipartisan support and was supported by many members of the Virginia black caucus. The Obama administration Justice Department also signed off.
Source: US Government Class
