One Initial Point on the Alabama Decision

There will be a temptation to see this decision as an affirmation of the status quo. But in a subtle way, I think the decision does more than that. New technology, as in this case, now enables plaintiffs to search out potential VRA districts in ways not possible in prior decades. The decision affirms that approach. Many people had thought before this round of redistricting that all the VRA districts that could be created for Congress, at least for black voters, had largely been created. But the new technological methods are now revealing possibilities under Section 2 that might not have been discovered before these advances. The mix of law in today’s decision and this new technology means, as a practical matter, the decision is more than an affirmation of the status quo.

Share this: