Not exact matches
The phrase
racial gerrymandering refers to the practice
of drawing electoral district lines to dilute the voting power
of racial minority groups.
In Cooper v. Harris, decided on May 22, 2017, the Supreme Court
of the United States affirmed the judgment
of the United States District Court for the Middle District
of North Carolina, finding that two
of North Carolina's congressional districts, the boundaries
of which had been set following the 2010 United States Census, had been subject to an illegal
racial gerrymander in violation
of Section 2
of the Voting Rights Act.
In the court's majority opinion, Kagan described the two - part analysis utilized by the high court when plaintiffs allege
racial gerrymandering as follows: «First, the plaintiff must prove that «race was the predominant factor motivating the legislature's decision to place a significant number
of voters within or without a particular district.»
On its face, the proposed
racial gerrymander violates the spirit
of the law.
As Ilya Somin and David Bernstein point out at Volokh Conspiracy, Sotomayor also
gerrymanders «race» in a way convenient to her purposes, using it to include Hispanic - Americans (who aren't a race) while breathing not one word about Asian - Americans (a more genuine
racial classification whose situation
of being both historically disadvantaged * and * discriminated against in university admissions cries out for recognition).