U.S. Supreme Court Majority Skeptical of Racial Gerrymandering Claims in South Carolina Case, Cites Lack of “Alternative Map Requirement”

The American Democracy Minute Radio Report & Podcast for Oct. 13, 2023



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The U.S. Supreme Court heard oral arguments Wednesday on a South Carolina racial gerrymandering case we’ve closely followed. Justices who voted to overturn the maps in Alabama, weren’t as ready to throw the flag this time.

October 11th, justices were supposed to consider arguments on whether an appeals court made a mistake when it rejected South Carolina’s Congressional voting districts maps in January.  South Carolina’s legislature split Charleston by moving 30,000 residents from 11 of 12 of the highest concentrations of Black voters into another district, in the words of the lower court, “bleaching” Congressional District 1.  Conservative justices seemed not to look for errors, but rather were spoiling for a fight on the merits of the case, despite the lower court having weighed testimony from 42 witnesses and considered 652 exhibits.  

The South Carolina legislature freely admits it gerrymandered for partisan advantage, but disputes that it did so for racial discrimination reasons.   Seeming to agree, Chief Justice Roberts, and Justices Coney-Barrett,  Alito and Gorsuch cited a lack of evidence of racial gerrymandering. Roberts cited not meeting the “Alternative Map Requirement,” showing how districts SHOULD be drawn.   Justice Kagan argued that no such requirement exists.  

A ruling is pending, but it now seems clear that the Alabama Milligan decision was a narrower decision than democracy advocates had hoped.

We have more analysis at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
U.S. Supreme Court – Transcript of Oral Arguments for Alexander v. SC NAACP
Democracy Docket – Takeaways from Supreme Court Arguments Over South Carolina’s Congressional Map
CNN – Conservative justices suggest South Carolina GOP gerrymandering was based on politics, not race
NAACP Legal Defense Fund – Statement After Oral Arguments

Politico – Supreme Court likely to side with South Carolina GOP in racial gerrymandering case

Groups Taking Action:

NAACP Legal Defense Fund, ACLU, Constitutional Accountability Center, Campaign Legal Center, League of Women Voters


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