Disentangling Race and Politics: Racial Gerrymandering in South Carolina's First Congressional District

Authors

Matthew Poliakoff

Document Type

Supreme Court Commentaries

Publication Date

4-4-2024

Keywords

gerrymandering, election law, elections, redistricting, racial gerrymandering, equal protection, fourteenth amendment

Subject Category

Constitutional Law

Abstract

After the 2020 Census, South Carolina's Republican-controlled legislature redrew the boundaries for Congressional District 1, historically anchored in Charleston County. After thirty-thousand African American voters were moved out of District 1 and into District 6, the South Carolina State Conference of the NAACP challenged the new map as an unconstitutional racial gerrymander. A three-judge district court panel agreed, finding that race predominated above other factors in the map redraw. On appeal, the question remains not only whether the state legislature used race above other factors in its map design, but also how plaintiffs are expected to prove these claims in an era where gerrymandering for partisan purposes is allowed. Based on the deferential clear error standard of review, the Court should affirm the district court's finding that race was the predominant factor. A reversal could significantly hinder plaintiffs' ability to use statistical evidence to prove racial gerrymandering cases in the future.

Recommended Citation

Matthew Poliakoff, Disentangling Race and Politics: Racial Gerrymandering in South Carolina's First Congressional District, 19 Duke Journal of Constitutional Law & Public Policy Sidebar 56–76 (2024)