The End of One South Carolina Gerrymandering Lawsuit and the Beginning of Another, as the Fight for Fair Maps Continues



Today’s Script

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

In May, the U.S. Supreme Court upheld a racially gerrymandered South Carolina Congressional district and made future racial gerrymandering cases more difficult.  July 29th, pro-voter groups filed a state suit, claiming the gerrymander violated the state constitutional provision to an “equal right to elect officers.”  

SECTION 5. Elections free and open.
All elections shall be free and open, and every inhabitant of this State possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.

South Carolina Constitution, Article I, Section 5

In 2019, the U.S. Supreme Court decided that partisan gerrymandering was a matter for states to decide, but racial gerrymandering could still be challenged under the Voting Rights Act.  The South Carolina NAACP sued when 30,000 Black voters were moved to a more White district, diluting their voting power and creating a White Republican majority district.   

The South Carolina legislature claimed it did so for partisan, not racial, reasons. The U.S. Supreme Court not only allowed the racially gerrymandered district, but raised the bar for proving future racial gerrymandering cases.  The NAACP withdrew further challenges on July 26th.   

July 29th, the ACLU and the League of Women Voters asked the South Carolina Supreme Court to rule on the state constitutionality of the same Congressional District, citing Article 1, Section 5.   Lynn Teague of the South Carolina League of Women Voters said in a statement, “South Carolina’s Constitution protects its citizens’ right to exercise equal influence over our elections.  We are asking the court to establish redistricting standards consistent with our Constitution.”

We have a link to the case at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Supreme Court – Opinion & Dissent in Alexander v. South Carolina Conference of the NAACP

American Democracy Minute – U.S. Supreme Court Finds South Carolina Gerrymandering Case ‘Bleaching’ Congressional District Not Racially Motivated
Democracy Docket – Nearly Three-Year Legal Battle Over South Carolina’s Congressional Map Comes to an End, Unfair Districts Remain in Place
ACLU & League of Women Voters SC – ACLU and LWV File Lawsuit Against Partisan Gerrymandering of South Carolina’s Congressional Districts

ACLU & League of Women Voters SC  –  Complaint for League of Women Voters of South Carolina v. Thomas Alexander
Justia Law – South Carolina Constitution Article 1, Section 5

Groups Taking Action:
South Carolina Conference of the NAACP, ACLU South Carolina, League of Women Voters SC

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