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| | |-+  How would the VRA's redistricting implications play out with more minorities?
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Author Topic: How would the VRA's redistricting implications play out with more minorities?  (Read 1388 times)
Nichlemn
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« on: July 08, 2011, 05:52:32 am »
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Suppose the US remained majority non-Hispanic white, but some states had a consistent majority of their voters as minorities. For example, suppose Mississippi's racial demographics were inverted, so blacks were now a majority and all four Congressional districts could compactly be drawn as majority-black. Would the VRA imply that they must be drawn this way? Or alternatively, if a compact white majority district could be drawn - given that whites are now a numerical minority within the state, would the VRA imply that that district must be created?

Would either of these answers change if the US as a whole was plurality non-Hispanic white instead? Plurality Hispanic? Plurality black? Majority black?


 
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Del Tachi
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« Reply #1 on: July 08, 2011, 02:49:51 pm »
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That's a good question.

I have no idea.
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« Reply #2 on: July 08, 2011, 02:54:15 pm »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue
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muon2
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« Reply #3 on: July 18, 2011, 11:52:30 am »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

A state has no obligation to draw more VRA section 2 districts than would be required to achieve a rough proportionality compared to the voting age population (Johnson v De Grandy- 1994). If MS were 55% black, the state could draw only 2 black-majority districts and not be in violation of the VRA.
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Del Tachi
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« Reply #4 on: July 20, 2011, 01:32:05 pm »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

If this is true, that the VRA doesn't protect Whites, couldn't it face a possible legal challenge based on the "equal protection clause" of the 14th Amendment?  The Constitution is colorblind.
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« Reply #5 on: July 22, 2011, 08:27:19 am »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

If this is true, that the VRA doesn't protect Whites, couldn't it face a possible legal challenge based on the "equal protection clause" of the 14th Amendment?  The Constitution is colorblind.

Indeed, that seems pretty unfair. Still won't happen, though.
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« Reply #6 on: July 22, 2011, 10:24:30 am »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

If this is true, that the VRA doesn't protect Whites, couldn't it face a possible legal challenge based on the "equal protection clause" of the 14th Amendment?  The Constitution is colorblind.

Indeed, that seems pretty unfair. Still won't happen, though.

What makes you say that?
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minionofmidas - supplemental forum account
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« Reply #7 on: July 22, 2011, 11:53:55 am »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

If this is true, that the VRA doesn't protect Whites, couldn't it face a possible legal challenge based on the "equal protection clause" of the 14th Amendment?  The Constitution is colorblind.
The VRA's constitutionality is tested many times - and yeah, it remains contentious in legal circles, and it is likely that it will one day be struck. Though probably not without some kind of major demonstration that it is no longer  necessary.

e.g. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/22/AR2009062200771.html
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muon2
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« Reply #8 on: July 23, 2011, 11:15:06 am »
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Whites are not a protected minority under the VRA. As to how Mississippi would have to be drawn... depends on communities of interest under the Gingles test. Tongue

If this is true, that the VRA doesn't protect Whites, couldn't it face a possible legal challenge based on the "equal protection clause" of the 14th Amendment?  The Constitution is colorblind.
The VRA's constitutionality is tested many times - and yeah, it remains contentious in legal circles, and it is likely that it will one day be struck. Though probably not without some kind of major demonstration that it is no longer  necessary.

e.g. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/22/AR2009062200771.html

The contentious part is section 5 that requires certain jurisdictions to be "precleared". That was the subject of the suit in the article. As the opinion noted, it's based on old data and old voting patterns.

Section two applies to all states equally, and with the Gingles test it automatically can take new voting behavior and demographics into account. I don't think many observers find that part as troublesome.
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« Reply #9 on: July 26, 2011, 10:29:40 am »
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The Gingles test is basically case law that says the law effectively self-annuls if conditions change. Makes you wonder why the Act still needs renewing by Congress. Grin
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