Would SCOTUS allow a redistricting map like this one?
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  Constitution and Law (Moderator: World politics is up Schmitt creek)
  Would SCOTUS allow a redistricting map like this one?
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Author Topic: Would SCOTUS allow a redistricting map like this one?  (Read 1083 times)
I’m not Stu
ERM64man
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« on: April 16, 2021, 12:17:27 PM »
« edited: April 16, 2021, 01:10:45 PM by ERM64man »

Would a racially gerrymandered map like this one of Alabama be upheld by SCOTUS?

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Donerail
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« Reply #1 on: April 16, 2021, 12:30:09 PM »

Partisan gerrymandering is not reviewable by the federal courts under Rucho v. Common Cause. Your case would be dismissed for lack of jurisdiction before you get to discussing the map.
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I’m not Stu
ERM64man
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« Reply #2 on: April 16, 2021, 12:31:09 PM »

Partisan gerrymandering is not reviewable by the federal courts under Rucho v. Common Cause. Your case would be dismissed for lack of jurisdiction before you get to discussing the map.
It's a racial gerrymander. I eliminated a VRA district.
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Donerail
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« Reply #3 on: April 16, 2021, 01:24:34 PM »

It's a racial gerrymander. I eliminated a VRA district.
The state will argue it's not a racial gerrymander. You merely sorted voters on the basis of party (a legitimate basis for drawing districts) and not race.
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I’m not Stu
ERM64man
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« Reply #4 on: April 16, 2021, 01:27:15 PM »

If a reasonably compact district with more than 50% CVAP of a specific minority group can be drawn, but isn't, it's an illegal racial gerrymander.
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Skill and Chance
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« Reply #5 on: April 26, 2021, 09:31:39 AM »

Almost surely no, but there would be 2-4 votes to uphold it.  IDK what Gorsuch and Barrett would do, but no way Roberts and Kavanaugh are going to completely chuck the VRA redistricting precedents to uphold this. 
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I’m not Stu
ERM64man
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« Reply #6 on: April 26, 2021, 09:36:35 AM »

Almost surely no, but there would be 2-4 votes to uphold it.  IDK what Gorsuch and Barrett would do, but no way Roberts and Kavanaugh are going to completely chuck the VRA redistricting precedents to uphold this. 
There are three definite votes to uphold it: Thomas, Alito, and Gorsuch.
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Buffalo Mayor Young Kim
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« Reply #7 on: May 04, 2021, 04:56:12 PM »

Almost surely no, but there would be 2-4 votes to uphold it.  IDK what Gorsuch and Barrett would do, but no way Roberts and Kavanaugh are going to completely chuck the VRA redistricting precedents to uphold this. 
What John Roberts are you talking about?

He’s been pretty clear that he doesn’t think the VRA is enforceable as long as no one leaves a note saying ‘and we did it because racism’.
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Skill and Chance
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« Reply #8 on: May 04, 2021, 05:26:08 PM »

Almost surely no, but there would be 2-4 votes to uphold it.  IDK what Gorsuch and Barrett would do, but no way Roberts and Kavanaugh are going to completely chuck the VRA redistricting precedents to uphold this. 
What John Roberts are you talking about?

He’s been pretty clear that he doesn’t think the VRA is enforceable as long as no one leaves a note saying ‘and we did it because racism’.

The John Roberts who literally voted to strike down NC-01 as a racial gerrymander?
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I’m not Stu
ERM64man
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« Reply #9 on: May 04, 2021, 07:23:32 PM »

Almost surely no, but there would be 2-4 votes to uphold it.  IDK what Gorsuch and Barrett would do, but no way Roberts and Kavanaugh are going to completely chuck the VRA redistricting precedents to uphold this. 
What John Roberts are you talking about?

He’s been pretty clear that he doesn’t think the VRA is enforceable as long as no one leaves a note saying ‘and we did it because racism’.

The John Roberts who literally voted to strike down NC-01 as a racial gerrymander?
Roberts didn’t. It was actually Thomas.
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S019
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« Reply #10 on: May 06, 2021, 08:30:28 PM »

As bad as SCOTUS is and as much as Roberts would love to gut the VRA, allowing maps like this is an obvious no. It's one thing to argue that states don't need their maps cleared by the federal government, it's another thing to say that you can crack minority votes into oblivion.
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junior chįmp
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« Reply #11 on: May 06, 2021, 08:52:21 PM »

Pretty sure this SCOTUS would knock down VRA minority districts too if the challenge was ever brought
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