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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 …