Would SCOTUS allow a redistricting map like this one?
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May 07, 2021, 04:43:17 PM

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  Constitution and Law (Moderator: True Federalist (진정한 연방 주의자))
  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 274 times)
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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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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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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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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LVScreenssuck
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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?

Heís been pretty clear that he doesnít think the VRA is enforceable as long as no one leaves a note saying Ďand we did it because racismí.
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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?

Heís been pretty clear that he doesnít think the VRA is enforceable as long as no one leaves a note saying Ďand we did it because racismí.

The John Roberts who literally voted to strike down NC-01 as a racial gerrymander?
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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?

Heís been pretty clear that he doesnít think the VRA is enforceable as long as no one leaves a note saying Ďand we did it because racismí.

The John Roberts who literally voted to strike down NC-01 as a racial gerrymander?
Roberts didnít. It was actually Thomas.
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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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Mondale
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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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