The American Democracy Minute Radio Report & Podcast for May 29, 2024
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.
Back in October 2023, U.S. Supreme Court justices heard oral arguments to determine whether redistricting by the South Carolina legislature was prohibited racial gerrymandering, or political gerrymandering, allowed by the 2019 Rucho decision. The new opinion could have a dramatic effect on the 2030 redistricting cycle.
Last October, justices heard arguments on whether a circuit court erred when rejecting South Carolina’s Congressional district maps in January 2023. 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.
The South Carolina legislature freely admits it gerrymandered for PARTISAN advantage, but disputes that it did so for RACIAL discrimination reasons. During oral arguments and in his opinion, Justice Alito questioned why the South Carolina NAACP provided no alternate maps showing how adjustments could have been made without moving those communities. In the May 23rd 6-3 opinion, conservative justices concurred with Alito’s opinion that the NAACP did NOT prove that the shifts were done to dilute Black voting power.
In her dissent, Justice Kagan writes, “What a message to send to state legislators and mapmakers about racial gerrymandering. For reasons I’ve addressed, those actors will often have an incentive to use race
as a proxy to achieve partisan ends.”
We’ve linked to the decision and dissent at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – U.S. Supreme Court Majority Skeptical of Racial Gerrymandering Claims in South Carolina Case, Cites Lack of “Alternative Map Requirement”
U.S. Supreme Court – Opinion & Dissent in Alexander v. South Carolina Conference of the NAACP
Democracy Docket – US Supreme Court Upholds South Carolina Congressional Map, Dismantles Racial Gerrymandering Precedent
SCOTUS Blog – Court rules for South Carolina Republicans in dispute over congressional map
Groups Taking Action:
NAACP Legal Defense Fund, ACLU, Constitutional Accountability Center, Campaign Legal Center, League of Women Voters
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