Posted: March 1, 2017
U.S. Supreme Court Issues Opinion in Virginia Gerrymandering Case
Today, the U.S. Supreme Court issued its opinion in a Virginia redistricting case, sending the case back to the district court to apply the proper standard for determining whether an unconstitutional racial gerrymander has occurred. According to the Supreme Court, an unconstitutional gerrymander can occur even when a redistricting plan follows traditional principles, if race is nevertheless the predominant consideration. The case is Bethune-Hill v. Virginia State Board of Elections.
PDF files in this site require
Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
more commentary...