Jurisdictional statement - About Redistricting - Loyola Law School

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32 intent.’” Keyes, 413 U.S. at 208. According to the Keyes Court: Plainly, a finding of intentional segregation as to a portion of a school system is not devoid of probative value in assessing the school authorities’ intent with respect to other parts of the same school system. On the contrary where, as here, the case involves one school board, a finding of intentional segregation on its part in one portion of a school system is highly relevant to the issue of the board’s intent with respect to the other segregated schools in the system. Id. at 207-08 (citations omitted). For precisely these same reasons, if the General Assembly engaged in purposeful racial discrimination with respect to any districts, then such discrimination tends to show a consistent pattern of conduct highly relevant to the legislature’s purpose regarding other districts. Given that plaintiffs allege their districts, like others in South Carolina, were the result of a single, integrated, systematic discriminatory scheme of purposeful racial segregation, evidence of such discrimination with respect to other districts is relevant to the General Assembly’s motivation regarding the districts in which plaintiffs reside. For either of these two reasons, the three-judge court’s standing ruling improperly truncated the development of a full trial record that would have permitted plaintiffs to offer evidence about the legislature’s systematic use of race on a statewide basis. This Court could summarily reverse on this issue alone and remand for proper development of a full trial record under the appropriate constitutional standards.
33 * * * In Georgia v. Ashcroft, this Court quoted Congressman John Lewis, the great civil-rights leader from Georgia, who argued that by the early 2000s the time had come to reduce the role of race in redistricting by avoiding the unnecessary concentration of black voters into election districts: I think that’s what the [civil rights] struggle was all about, to create what I like to call a truly interracial democracy in the South. In the movement, we would call it creating the beloved community, an all inclusive community, where we would be able to forget about race and color and see people as people, as human beings, just as citizens. 539 U.S. 461, 490 (2003) (upholding plan with overwhelming black legislative support). As Rep. Lewis said at the time, the South had “come a great distance,” even since 1990, in the willingness of whites to vote across racial lines. See Richard H. Pildes, Is Voting-Rights <strong>Law</strong> Now at War with Itself? Social Science and Voting Rights in the 2000s, 80 N.C. L. Rev. 1517, 1563 (2002) (quoting Melanie Eversley, <strong>Redistricting</strong> Map for Georgia Goes to Court in D.C., Atl. J. Const., Feb. 4, 2002, at 1C (quoting Rep. Lewis)). Similarly, Congressman James Clyburn of South Carolina, the African-American Assistant Democratic Leader of the U.S. House, who has represented his district for almost 20 years, testified that: The purpose of the Voting Rights Act is to level the playing field for minority candidates and voters, not to resegregate our society along strictly racial lines. Black voters want results on
Page 1 and 2: No. 11-___ IN THE Supreme Court of
Page 3 and 4: TABLE OF CONTENTS QUESTIONS PRESENT
Page 5 and 6: v TABLE OF CONTENTS—Continued Pag
Page 7 and 8: vii TABLE OF AUTHORITIES CASES Page
Page 9 and 10: ix TABLE OF AUTHORITIES—Continued
Page 11 and 12: IN THE Supreme Court of the United
Page 13 and 14: 3 was twofold: (1) to minimize the
Page 15 and 16: 5 leaders explained these districts
Page 17 and 18: 7 55, governed South Carolina’s H
Page 19 and 20: 9 that had a lower BVAP percentage
Page 21 and 22: 11 position: as a matter of policy,
Page 23 and 24: 13 (R-Horry) shared this cold blood
Page 25 and 26: 15 testimony did not show that “r
Page 27 and 28: 17 lower court failed to recognize
Page 29 and 30: 19 danger was too great that partis
Page 31 and 32: 21 a generalized assertion of past
Page 33 and 34: 23 necessary to enforce the VRA con
Page 35 and 36: 25 “predominant factor” decisio
Page 37 and 38: 27 motives, some legitimate and som
Page 39 and 40: 29 A. Hays’ standing doctrine is
Page 41: 31 B. Plaintiffs have standing to i
Page 45 and 46: 35 sider evidence on a statewide ba
Page 47 and 48: APPENDIX
Page 49 and 50: 2a ———— Judge Duffy wrote t
Page 51 and 52: 4a 1965, 42 U.S.C. § 1973, 42 U.S.
Page 53 and 54: 6a U.S. at 905. Race may be a facto
Page 55 and 56: 8a composition of their district wo
Page 57 and 58: 10a communities of interests, and i
Page 59 and 60: 12a Even granting Dr. McDonald the
Page 61 and 62: 14a ground other than race, see Sha
Page 63 and 64: 16a tricting process. All three of
Page 65 and 66: 18a the Subcommittee, as a whole. O
Page 67 and 68: 20a ment scheme has on the opportun
Page 69 and 70: 22a therefore cannot state a § 2 c
Page 71 and 72: 24a (quoting City of Mobile v. Bold
Page 73 and 74: 26a General Assembly acted with suc
Page 75 and 76: 28a elections. Id. Not a single whi
Page 77 and 78: 30a APPENDIX B THE UNITED STATES DI
Page 79 and 80: 32a APPENDIX C THE UNITED STATES DI
Page 81 and 82: 34a APPENDIX D THE UNITED STATES DI
Page 83 and 84: 36a seriously doubted, but neither
Page 85 and 86: 38a 10. When the Federal Court drew
Page 87 and 88: 40a 16. When the Federal Court drew
Page 89 and 90: 42a House District as adopted durin
Page 91 and 92: 44a center located in the heart of
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46a not able to attend the meeting,
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48a District 79 was 34 percent blac
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50a considered what they were doing
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52a African-American voters to a
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54a 1. I serve in the South Carolin
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56a gather for community events at
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58a not able to attend the meeting,
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60a District 79 was 34 percent blac
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62a considered what they were doing
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64a African-American voters to a
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66a Q. So all these items would be
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68a APPENDIX H Sellers - Direct * *
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70a district and had some dialogue
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72a talked about was race. That’s
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74a went to committee, regardless o
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76a know why these districts—we c
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78a [35] Q. If there is that correl
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80a Q. So your understanding of Gin
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82a Q. All right. Thank you. When y
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84a administration—Mansfield’s
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86a would be contained in only thre
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88a preference, according to Dave W
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90a One of the group’s largest fe
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92a ble. Abrams says the new maps
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94a * * * Texas, a state not known
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96a Conservatives want to scrub thi
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98a “Every method that human inge
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100a United States Code Annotated T
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102a period which would otherwise r
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House District BVAP (2000 census
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Jurisdictional statement - About Redistricting - Loyola Law School

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