Racial Redistricting in a Post-Racial World

Gilda R. Daniels, Racial Redistricting in a Post-Racial World, 32 Cardozo L. Rev. 947 (2011).

Abstract:  With the Supreme Court’s construed admonitions against race conscious redistricting, how can we preserve minority electoral opportunities and gains in the wake of Bartlett v. Strickland? What is the impact on future Section 2 litigation and are minority-minority coalition district claims viable as an opportunity to continue the electoral gains made since the passage of the Voting Rights Act? I will discuss a theory for approaching redistricting that prevents jurisdictions from “backsliding” and preserves minority gains without running afoul of constitutional considerations. I will discuss recent U.S. Supreme Court cases, Bartlett, NAMUDNO and others to determine whether and to what extent race conscious redistricting is allowed or should continue.

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