“Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA”

Guy Charles and Luis Fuente-Rohwer have posted this draft on SSRN (forthcoming, William and Mary Law Review). I agree with some but disagree with other key parts of this interesting and important paper. Here is the abstract:

This article explores the Supreme Court’s new racial gerrymandering cases and argue that those cases are on a collision course with Section 2 of the VRA. We revisit the Shaw line of cases and explain that the Shaw cases were more sympathetic to the representational rights of voters of color than are the new racial gerrymandering cases. This is primarily because the Shaw cases made room within the doctrine for the state to pursue descriptive representation for voters of color. We argue that new racial gerrymandering cases are inimical to descriptive representation. To the extent that voting rights scholars and activists care about descriptive representation, they should be wary of the racial gerrymandering cases.

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