Jurisdictional statement - About Redistricting - Loyola Law School

More documents

Recommendations

Info

45a 8. A couple of weeks later, I was approached by Rep. Alan Clemmons (R-Horry), Chairman of the Election <strong>Law</strong> Subcommittee, in the Statehouse lobby. He said, “Hey Mia, we’re working to get your BVAP (black voting age population) up in your District, but we’ve got to tweak it some more to get it just right.” I was stunned because I had neither asked him to do that, nor had I ever spoken with Rep. Clemmons prior to that about my district or proposed map. I responded, “Thanks Alan, but I don’t want y’all to do that. Why would you think that I do?” He looked puzzled, but smiled and said, “I thought that’s what you wanted.” I replied, “No, I don’t.” 9. During the next legislative day, I walked over to Chairman Harrison’s desk to talk with him about my conversation with Rep. Clemmons. I told Chairman Harrison that I appreciated the diversity of my District and did not want to artificially increase my BVAP. His response was that he might not have a choice because “the lawyers” were advising him that was probably what they were going to have to do. When I asked who “the lawyers” were, he would not give me a clear answer. He just kept saying that “the lawyers” were advising that this might “have to happen.” I assumed he was referencing Patrick Dennis and other House legal staff, but I never was able to get a clear answer about which lawyers were giving this advice. 10. It was not until the final House Judiciary Committee meeting on June 6, 2011, that Rep. Clemmons’ prediction came to fruition. I was
46a not able to attend the meeting, but I received a call from Rep. James Smith (D-Richland) who was present. He described what I later learned was Amendment #35, introduced by Chairman Harrison, which would increase the BVAP of District 79 to 52 percent by trading mixed-race areas for areas containing a higher concentration of black voters. 3 The other members of the committee were led to believe that I had, in fact, requested this change to increase my BVAP. This was not true. Rep. Smith, accurately, believed that I opposed this Amendment and called me just prior to the vote. I shared with Rep. Smith exactly what I had already shared with Reps. Harrison and Clemmons. He voiced my objections to the committee on my behalf, but they ignored my objections and passed their Amendment anyway. 11. Amendment #35 abruptly and significantly changed District 79 without any justification or consideration for those impacted by it. This Amendment took approximately half of my neighborhood out of the District and placed it in Rep. Boyd Brown’s (D-Fairfield) District. The manner in which it separates the northern portion of my neighborhood from the southern portion, makes no sense. Not only does it split the community down the middle of the Lake, but it also splits neighborhood blocks them- 3 I have attached as Exhibit C what I believe is a fair and accurate map depicting Amendment #35 and a demographic summary created by the House of Representatives as part of their Preclearance Submission.
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 and 42: 31 B. Plaintiffs have standing to i
Page 43 and 44: 33 * * * In Georgia v. Ashcroft, th
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: 44a center located in the heart of
Page 95 and 96: 48a District 79 was 34 percent blac
Page 97 and 98: 50a considered what they were doing
Page 99 and 100: 52a African-American voters to a
Page 101 and 102: 54a 1. I serve in the South Carolin
Page 103 and 104: 56a gather for community events at
Page 105 and 106: 58a not able to attend the meeting,
Page 107 and 108: 60a District 79 was 34 percent blac
Page 109 and 110: 62a considered what they were doing
Page 111 and 112: 64a African-American voters to a
Page 113 and 114: 66a Q. So all these items would be
Page 115 and 116: 68a APPENDIX H Sellers - Direct * *
Page 117 and 118: 70a district and had some dialogue
Page 119 and 120: 72a talked about was race. That’s
Page 121 and 122: 74a went to committee, regardless o
Page 123 and 124: 76a know why these districts—we c
Page 125 and 126: 78a [35] Q. If there is that correl
Page 127 and 128: 80a Q. So your understanding of Gin
Page 129 and 130: 82a Q. All right. Thank you. When y
Page 131 and 132: 84a administration—Mansfield’s
Page 133 and 134: 86a would be contained in only thre
Page 135 and 136: 88a preference, according to Dave W
Page 137 and 138: 90a One of the group’s largest fe
Page 139 and 140: 92a ble. Abrams says the new maps
Page 141 and 142: 94a * * * Texas, a state not known
Page 143 and 144:
96a Conservatives want to scrub thi
Page 145 and 146:
98a “Every method that human inge
Page 147 and 148:
100a United States Code Annotated T
Page 149 and 150:
102a period which would otherwise r
Page 151:
House District BVAP (2000 census
show all

Jurisdictional statement - About Redistricting - Loyola Law School

Create successful ePaper yourself

Delete template?

Save as template?