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Communication 09 How To draw Redistricting Plans That Will Stand Up In Court
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Communication 09 How To draw Redistricting Plans That Will Stand Up In Court
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478 U.S. at 36-37. <br />In Gingles, the Court threw out all of the challenged multimember district <br />Black candidates had sometimes managed to get elected. <br />6.Draw Districts the Minority Has a Fair Chance to Win <br />If you have a minority population that could elect a representat <br />and the minority population has been politically cohesive, but b <br />the minoritys preferred candidates from being elected in the pa <br />that the minority has a fair chance to win. To do that, they wi <br />the district. How much of a majority is that? <br />It has taken awhile to get there, but the U.S. Supreme Court has <br />that § 2 does not require the creation of a district that a min <br />unless the minority will constitute a majority of the voting age <br />happened in the North Carolina case of Bartlett v. Strickland,No. 07-689, 129 S.Ct. 1231 (2009). <br />In 1977, the Supreme Court had upheld a determination by the Jus <br />percent non-White population majority was required to achieve a <br />voters in certain legislative districts in New York City. United Jewish Organizations of <br />Williamsburgh, Inc. v. Carey,430 U.S. 144, 164 (1977). <br />In 1984, the Court of Appeals for the Seventh Circuit, in the ca Ketchum v. Byrne, 740 <br />F.2d 1398, endorsed the use of a 65 percent Black population maj <br />majority, in the absence of empirical evidence that some other f <br />Ketchum involved the redistricting of city council wards in the city of <br />census. The Court of Appeals found that minority groups general <br />consequently, a larger proportion of individuals who are ineligi <br />age population was a more appropriate measure of their voting st <br />Further, because the voting age population of Blacks usually has <br />voter turnout, the district court should have considered the use <br />of total population or 60 percent of voting age population when <br />Blacks could win. The Court of Appeals noted that: <br />[J]udicial experience can provide a reliable guide to action whe <br />ambiguous or not determinative and that a guideline of 65% of to <br />its equivalent) has achieved general acceptance in redistricting <br />. . . This figure is derived by augmenting a simple majority wit <br />young population, 5% for low voter registration and 5% for low v <br />Id. at 1415. <br />21 <br /> <br />
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