Racial Gerrymandering: Past Cases and the Supreme Court's Upcoming Decision in 'Bethune-Hill II' [March 14, 2019] [open pdf - 636KB]
From the Document: "On March 18, 2019, the Supreme Court is set to hear argument in 'Virginia House of Delegates v. BethuneHill (Bethune-Hill II)', a case raising the question of whether the Commonwealth of Virginia violated the Fourteenth Amendment's Equal Protection Clause by using race as the determinative factor in drawing its state legislative map. This case is not the Court's first encounter with Virginia's legislative map. Barely two years ago, the Court issued its decision in 'Bethune-Hill v. Virginia State Board of Elections (BethuneHill I)', where it reviewed a district court's determination that all of the challenged districts passed constitutional muster. Holding that the lower court had applied an incorrect legal standard for all but one of the challenged districts, the Court remanded the case for reconsideration. During the March 18 argument, the Court will review the district court's second decision, which concluded that all of the challenged districts are unconstitutional racial gerrymanders. While 'Bethune-Hill II' only concerns Virginia's legislative map, it illustrates the challenges governments often face in determining the manner in which race may (or must) be taken into account in drawing district maps."
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