Racial Redistricting in a Post-Racial World

22 Pages Posted: 6 Aug 2010 Last revised: 29 May 2012

Gilda Daniels

University of Baltimore - School of Law

Date Written: August 4, 2010

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.

Suggested Citation

Daniels, Gilda, Racial Redistricting in a Post-Racial World (August 4, 2010). Cardozo Law Review, Vol. 32, No. 3, p. 947, 2011. Available at SSRN: https://ssrn.com/abstract=1653406

Gilda Daniels (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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