Supreme Court Opinion: Alabama Redistricting

Opinion is here.

Here is the most important part:

“The District Court’s final alternative holding—that “the [challenged] Districts would satisfy strict scrutiny”—rests upon a misperception of the law. Section 5 does not require a covered jurisdiction to maintain a particular numerical minority percentage. It requires the jurisdiction to maintain a minority’s ability to elect a preferred can
didate of choice.”

Hence, nobody can claim now that the Voting Rights Act – either Section 5 or Section 2 – requires the packing of black voters into districts forever and ever at the same levels. Legislatures are free to use other alternative means to maintain the ability of minorities to elect candidates of choice. This undermines the argument, frequently used by those seeking to pack, that the Voting Rights Act requires proportionality of representation or black majority enclaves.

This part of the opinion makes it seem the days are gone where redistricting efforts must aim to preserve black faces in legislative bodies at all costs. Preserving a specific minority population percentage is NOT required by the Voting Rights Act, despite years of hearing from some people that it is. From the Court syllabus:

“Here, however, the District Court and the legislature both asked the wrong question with respect to narrow tailoring. They asked how to maintain the present minority percentages in majority-minority districts, instead of asking the extent to which they must preserve existing minority percentages in order to maintain the minority’s pr
esent ability to elect the candidate of its choice. Because asking the wrong question may well have led to
the wrong answer, the Court cannot accept the District Court’s conclusion.”

I have a bit more at PJ Media.