“‘Partisan’ Gerrymandering Is Still About Race”

The subhead from ProPublica:

The Wisconsin case before the Supreme Court claims to be about partisanship. But race is a factor in this case and many others nationwide.

A few briefs in Gill (including one on behalf of law professors, and one on behalf of civil rights groups – the latter of which I helped with) attempted to make the point that some cases about partisanship can really be about partisanship (even if voters of different races are involved), and some cases about race can really be about race (even if voters with different partisan preferences are involved) … but that there’s also currently an unhealthy incentive to force a square peg into a round hole because the doctrinal path to claims based on partisanship has been unnecessarily muddy.


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