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2. The Three Gingles Preconditions <br /> 3. "The Totality of the Circumstances" <br /> 4. Draw Districts the Minority Has a Fair Chance to Win <br /> B. Section 5 of the Voting Rights Act <br /> 1. In "Covered Jurisdictions," Plans Must be Precleared <br /> 2. Do Not Regress <br /> 3. You Need Not Maximize the Number of Minority Districts <br /> C. Equal Protection Clause of the 14th Amendment <br /> 1. You May Consider Race in Drawing Districts <br /> 2. Avoid Drawing a Racial Gerrymander <br /> a. Beware of Bizarre Shapes <br /> b. Draw Districts that are Reasonably Compact <br /> c. Beware of Making Race Your Dominant Motive <br /> a. Beware of Using Race as a Proxy for Political Affiliation <br /> b. Follow Traditional Districting Principles <br /> 2. Strict Scrutiny is Almost Always Fatal <br /> a. A Compelling Governmental Interest <br /> b. Narrowly Tailored to Achieve that Interest <br /> (1) Remedying Past Discrimination <br /> (2) Avoiding Retrogression Under Section 5 <br /> (3) Avoiding a Violation of Section 2 <br /> II. Don't Go Overboard with Partisan Gerrymandering <br /> A. Partisan Gerrymandering is a Justiciable Issue <br /> B. Can It Be Proved? <br /> V. Prepare to Defend Your Plan in Both State and Federal Courts <br /> A. Federal Court Must Defer to State Court <br /> B. Federal Court May Not Directly Review State Court Decision <br /> C. Plan Approved by State Court Subject to Collateral Attack in Federal Court <br /> D. Federal Court Must Defer To State Remedies <br /> E. Attorney General May Represent State in Federal Court <br /> Table of Authorities <br />