How Democrats Fooled California’s Redistricting Commission (user search)
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  How Democrats Fooled California’s Redistricting Commission (search mode)
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Author Topic: How Democrats Fooled California’s Redistricting Commission  (Read 32067 times)
krazen1211
Junior Chimp
*****
Posts: 7,372


« on: January 09, 2012, 02:50:51 PM »

Section 5 is the pre clearance, and Section 2 is what the courts go by, is that correct?  Suppose per Section 5, the DOJ demands a minority CD, but it is not required under Section 2, where it is a percentage rather than an outcomes game apparently. Will the court reverse the DOJ, or does Section 5 take precedence over Section 2, and what we have are two different legal standards, with potentially different final legal outcomes?  Can someone help me with this? What are the 4 Section 5 counties in CA?

Can someone help a confused old man me with this? Smiley

This exact issue will be resolved today.

Travis County plaintiffs acknowledge that TX-25 is not a S2 district. Yet they are still claiming that it is a S5 district, thus making S5 a stronger standard than S2.


John Roberts will certainly be irate with that interpretation.
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krazen1211
Junior Chimp
*****
Posts: 7,372


« Reply #1 on: January 09, 2012, 03:51:25 PM »


Here is a pretty good summary of what SCOTUS is facing in the Perez case. I don't see anything though about the differing legal standards between Section 2 and Section 5,and what the end game is. It seems more to involve procedural stuff.


This is the exact line from the DC court.



In a ruling critical for Travis County - and Lloyd Doggett - the panel distinguished section 2 cases, holding that states are not obligated to draw crossover districts, with protection of existing crossover districts under section 5:



[F]reedom from an obligation to create a crossover district under Section 2 does not equate to freedom to ignore the reality of an existing crossover district in which minority citizens are able to elect their chosen candidates under Section 5.


And the San Antonio court.

Further, under the more stringent
requirements of Section 5, the presence of such districts is relevant for the Section 5
retrogression analysis. See id. at 1249 (citing LULAC v. Perry, 548 U.S. 399, 446 (2006)
(Kennedy, J.) (noting that the presence of districts “where minority voters may not be able to
elect a candidate of choice but can play a substantial, if not decisive, role in the electoral
process” is relevant to the Section 5 analysis). In keeping with the goals of maintaining the
status quo and complying with Section 5 in drawing this map, the Court has preserved district
25 as a crossover district.





The concept of crossover districts was dissolved for the purposes of S2. It should now be dissolved for the purposes of S5.
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krazen1211
Junior Chimp
*****
Posts: 7,372


« Reply #2 on: January 13, 2012, 10:54:26 PM »

The South Carolina GOP has hired Paul Clement to take down Section 5 for good.
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