Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA

41 Pages Posted: 14 Mar 2018

See all articles by Guy-Uriel E. Charles

Guy-Uriel E. Charles

Duke University School of Law

Luis E. Fuentes-Rohwer

Indiana University Maurer School of Law

Date Written: 2017

Abstract

This article explores the Supreme Court's new racial gerrymandering cases and argue that those cases are on a collision course with Section 2 of the VRA. We revisit the Shaw line of cases and explain that the Shaw cases were more sympathetic to the representational rights of voters of color than are the new racial gerrymandering cases. This is primarily because the Shaw cases made room within the doctrine for the state to pursue descriptive representation for voters of color. We argue that new racial gerrymandering cases are inimical to descriptive representation. To the extent that voting rights scholars and activists care about descriptive representation, they should be wary of the racial gerrymandering cases.

Suggested Citation

Charles, Guy-Uriel and Fuentes-Rohwer, Luis E., Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA (2017). 59 William and Mary Law Review ___(2017); Duke Law School Public Law & Legal Theory Series No. 2018-27. Available at SSRN: https://ssrn.com/abstract=3138260

Guy-Uriel Charles (Contact Author)

Duke University School of Law ( email )

Box 90360
Science Drive & Towerview Rd.
Durham, NC 27708
United States

Luis E. Fuentes-Rohwer

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-5003 (Phone)
812-855-0555 (Fax)

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