Supreme Court Commentaries
Racial Gerrymandering; Discrimination; Redistricting; Voting Rights Act
Constitutional Law | Supreme Court of the United States
In McCrory v. Harris, the Supreme Court is faced with yet another redistricting case: Are the first and twelfth Congressional Districts in North Carolina the result of impermissible racial gerrymandering? The parties' dispute centers around two questions: In what circumstances is race the predominant factor in a state legislature's redistricting plan? And in what circumstances is the use of race as a predominant factor in redistricting plans an impermissible racial gerrymander? This Commentary will provide a summary and analysis of the arguments presented for the Court's review, and argue that both North Carolina Congressional Districts should be struck down as the product of impermissible racial gerrymanders.
Alex Dietz, McCrory v. Harris: Constitutional Prohibitions on Racial Classifications and the Requirements of the Voting Rights Act in Redistricting, 12 Duke Journal of Constitutional Law & Public Policy Sidebar 133-147 (2017)