re: gerrymandering

Date: 2012-11-10 08:39 am (UTC)
darkoshi: (Default)
From: [personal profile] darkoshi
I came across the below document, which fascinates me and also disturbs me in how precisely legislative districts are drawn to meet desired criteria. From what I was able to glean from it, the Department of Justice told the SC legislature that it had to create more black-majority districts. This was subsequently done by means of racial gerrymandering. A district court then declared the new districts invalid, as districts should not be drawn on the basis of race, except under certain conditions which were not met.

Smith v. Beasley opinion

"Gerrymandering has been a part of our political system since the word was coined more than 175 years ago. The drawing of district lines for political purposes has often been criticized, but it is not illegal. However, the Supreme Court has determined that gerrymandering which divides voters according to race violates the Equal Protection Clause. In Miller, the Court explained, "When the State assigns voters on the basis of race, it engages in the offensive and demeaning assumption that voters of a particular race, because of their race, 'think alike, share the same political interests, and will prefer the same candidates in the polls.' "

"Constitutional prohibition against dividing or segregating citizens by race applies equally to districting cases, and state's assignment of voters according to race is subject to court's strictest scrutiny under equal protection clause."

"Both the Senate and the House had sophisticated computer equipment that was maintained for the purpose of drawing election district lines. These machines were equipped with software that showed precincts, streets, population and racial composition of all areas based on the 1990 federal census data base. Technicians could show legislators how moving district lines could increase or decrease the racial makeup of a particular district."

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