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Disentangling "Cohesiveness": The Misapplication Of § 2 In Vote Dilution Cases, Eliot Michael Held
Disentangling "Cohesiveness": The Misapplication Of § 2 In Vote Dilution Cases, Eliot Michael Held
Eliot Held
In Thornburg v. Gingles, the Supreme Court ruled that a state’s refusal to create a proposed majority-minority voting district could in some circumstances violate § 2 of the Voting Rights Act. A proponent of the proposed district must show that the minority population of the proposed district is “politically cohesive” and would constitute a majority of the proposed district’s voting-age population, and that the non-minority (Caucasian) population of the challenged district traditionally votes as a bloc such that it is usually able to elect a candidate not preferred by the minority population. This Article proposes that a proper reading of …
The Racial Metamorphosis Of Justice Kennedy, With An Eye Towards The End Of The Second Reconstruction, Luis Fuentes-Rohwer
The Racial Metamorphosis Of Justice Kennedy, With An Eye Towards The End Of The Second Reconstruction, Luis Fuentes-Rohwer
Luis Fuentes-Rohwer
This Essay examines the recent turn in Justice Kennedy’s race jurisprudence. The shift is palpable, from a narrow and uncompromising approach to the use of race by state actors to a more nuanced and contextual understanding of the role that race plays in American society. This is no small change, best explained by Justice Kennedy’s status on the Court as a “super median.” This is a position of power and influence, as any majority coalition must count on Justice Kennedy’s vote; but more importantly, it is also a position of true independence. Justice Kennedy entertains his idiosyncratic and very personal …