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Disentangling Race And Politics: Racial Gerrymandering In South Carolina's First Congressional District, Matthew Poliakoff
Disentangling Race And Politics: Racial Gerrymandering In South Carolina's First Congressional District, Matthew Poliakoff
Duke Journal of Constitutional Law & Public Policy Sidebar
After the 2020 Census, South Carolina's Republican-controlled legislature redrew the boundaries for Congressional District 1, historically anchored in Charleston County. After thirty-thousand African American voters were moved out of District 1 and into District 6, the South Carolina State Conference of the NAACP challenged the new map as an unconstitutional racial gerrymander. A three-judge district court panel agreed, finding that race predominated above other factors in the map redraw. On appeal, the question remains not only whether the state legislature used race above other factors in its map design, but also how plaintiffs are expected to prove these claims in …
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Duke Journal of Constitutional Law & Public Policy Sidebar
Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Of All The Gin Joints: Harris And The Supreme Court’S Reluctant Jurisprudence On Partisanship In Redistricting, Andrew Bellis
Of All The Gin Joints: Harris And The Supreme Court’S Reluctant Jurisprudence On Partisanship In Redistricting, Andrew Bellis
Duke Journal of Constitutional Law & Public Policy Sidebar
As interpreted by the Supreme Court, the Fourteenth Amendment’s Equal Protection Clause protects the voting power of citizens. Thus, drawing state legislative districts resulting in dilution of citizens’ voting power may violate the Constitution. However, the question of what factors a state may take into account when redistricting has not been settled. In the upcoming Supreme Court case of Harris v. Arizona Independent Redistricting Commission, the Court faces the question of whether partisan makeup of the population and whether an attempt by a state to obtain federal preclearance for redistricting are valid factors a state can take into account …
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.