Ruling may give voter rights groups a tool

Ruling may give voter rights groups a tool

Ruling may give voter rights groups a tool

The state insisted that race played no role at all in the creation of one district. In North Carolina, about 90 percent of black voters are Democrats; the overwhelming majority of whites are Republicans. The extra white voters can be spread into surrounding districts to help white Democrats. Von Spakovsky explains why in this analysis for SCOTUSblog.

The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. The decision striking down one of them was unanimous.

The justices split 5-3 on the other territory, District 12 winding from Charlotte to Greensboro. The state had defended its line-drawing on the grounds that the meandering district was constructed that way for partisan purposes. No Goldilocks principle for him. But it's illegal to thwart voting, as North Carolina learned twice in May. Their stated goal was to help the Republican party.

When he's not busy groping women, the conservative Justice Thomas does his part to make life harder for women and people of color including voting to gut the Voting Rights Act in 2013. The justices could act on the challenge to the state districts as early as next week. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented.

It should be apparent that Cooper v. Harris doesn't really fit neatly into the mixed motive framework.

Though the North Carolina decision may be a setback for Texas' chances, it will not necessarily be determinative of the outcome. It would take a majority of five Justices to reach a decisive outcome. The real effect was to strip Democratic voters from adjacent districts, leaving them more likely to elect Republicans.

If the majority party draws districts to favor itself, the minority party can deny the majority its political victory by prevailing on a racial gerrymandering claim.

The first step in the test would be to judge whether legislative leaders specifically meant to discriminate against the other party's voters by putting a severe burden on the effectiveness of their votes.

For Justice Kagan and her liberal colleagues, I'm pretty sure this is a feature of her voting rights jurisprudence in redistricting cases, not a bug.

Now there is a case from Wisconsin waiting in the wings at the Supreme Court - a case in which the plaintiffs purport to have found such a workable standard. Id. at 2-3. Second, where the government's purported compelling interest is compliance with Section 2, the plaintiff must prove that the government lacked a "good reason" or a "strong basis in evidence" to believe that a district drawn in the absence of predominant racial considerations would be invalidated under the three Gingles factors that serve as threshold proof requirements for a Section 2 claim: (1) the minority population is significantly large and compact to form a majority in a reasonably shaped district; (2) the minority group is politically cohesive; and (3) the majority population votes sufficiently as a bloc to usually defeat the minority population's preferred candidate. However, the court could ask the challengers to respond to the request before then. But that is what the Court does today in its decision.The Court junks a rule adopted in a prior, remarkably similar challenge to this very same congressional district.

In recent years, the Supreme Court has ruled for civil rights groups and Black voters in challenges to political districts in Alabama, North Carolina and Virginia. State courts are normally given great deference by federal courts when it comes to these types of state issues.

In asking the Justices to also consider at that meeting next month the state's new request for a postponement of the lower-court ruling, Wisconsin officials said that the legislature in under an order to come up with a new Assembly map and have it approved by the governor by next November 1.

Following a legal challenge, a U.S. District Court panel struck down the 1st and 12th districts past year.

In both districts, the court found that the federal district court judge who conducted the initial trial had sufficient grounds for his finding that race, not politics, had determined the drawing of boundary lines.

Disregarding precedent, rejecting the deference normally given to state courts, and overlooking factual error - these are among the expected consequences of federal courts transforming themselves "into weapons of political warfare".

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