(10-24-2025 05:37 PM)Hambone10 Wrote: (10-16-2025 03:36 PM)Frizzy Owl Wrote: Quote:Anything else I can think of only seems to ensure battles until the end of time.
For many politicians in favor of race-based gerrymandering, that's the point. Lots of votes riding on keeping the fires of hate burning.
Of course. I understand your over-arching question about ‘is it time’, but I think the idea that you must be unequal ‘going forward’ in order to right some previous wrong. When women were allowed to vote, we didn’t give them 1.25 votes for 30+ years in order to make up for denying them the right to vote. I don’t think we gave Asians a darn thing… or natives. Now we DID allow them their own nation… so maybe there is another precedent…. But we didn’t give them special treatment beyond their borders.
Quote:Quote:When the founders designed the system, they stipulated only that population be the determinant for the size of districts.... so I think logically (there is more to it than this) that the court will determine that race should play NO part in apportionment.
Unfortunately while correct for the founders, that doesnt necessarily survive the Civil War amendments. And the VRA puts into place race based criteria such that a minority isnt gerrymandered into nothingness.
But there is a difference between gerrymandering something into nothingness, and ensuring racial representation.
And that is why VRA Sec 2 was put into place.
Prior to VRA, there were *no* (or practically no) Representatives of color -- even in the 40% black states.
Afterwards there were.
Ie. -- using the historical record for the statement of 'gerrymandered into nothingness'.
Quote:Just spitballing…. I don’t have an answer…. In the simplest example of a state with only one House rep, NO minority is ensured of representation…. In fact, one could argue (based SOLELY on that presumption) that the entire premise of a single representative for a state violates the VRA.
Nope. Apportionment cant be written away itself.
Quote:That of course isn’t the only presumption, but one could argue that. In fact, every minority that isn’t ensured a majority is arguably being mistreated… relative to any minority that is. As in, even if a minority made up 30% of the voters in Montana…. Even if they all lived in one city… and even represented a majority of that city.…. they would not have the same ‘power’ that a 30% minority in Houston might.
The issue of a combination of statewide apportionment, and statewide minority representation -- with the heavy caveat that the rest of the elements of the test for relief under the VRA Sec. 2.
As an example:
In Texas -- 38 seats. Hispanics -- 40+ % of population.
when one shows that the minority has a disproportionate number of seats, they are concentrated into certain areas, and that the minority typically votes differently than the majority (or in Texas case plurality) -- then a certain number of minority majority districts should be effectuated.
In Montana --- 2 seats. With 2 seats it seems to be practically impossible to meet the test elements. Given that one seat represents literally 50% of the state representation,
You example overlooks the actual mechanisms of VRA Sec 2.
Quote:Heck…. What about the minority majority people who live in districts designed to ensure minority representation…. Isn’t that by desigb, disenfranchising them?
Nope, see above. The test is more of a macro view — a test among first the voters that elect a plurality of representatives, second their concentration in the larger parent electorate, third if the physical concentration of the minority in the larger voter electorate could be ptacricable to sustain a district, and fourth if the minority typically votes different than the majority.
In another view, The VRA is designed to explicitly remediate a situation where amongst a voting whole, the majority race enjoys the benefits of discrimination that leads to far greater representation than their actual proportion, when the minority is concentrated enough and votes distinctly different than the whole of the entire majority across the voting subdivisions.
The VRA literally doesnt care about any specific issue in any unit subdivision. The view is one across the electorate as a whole, and whether any minority race across that whole of th3 electorate suffers from an overall discrimination based upon the lines that divide that whole into the constituent voting subdivisions.
Quote:t IMO, no other type of minority…. Whether it be religion pr gender or sexual orientation or of course, any race that isn’t in favor by the party doing the drawing is given the protections of designed representation….. and while I get the knee jerk reaction for ‘a make—up call’…. Two wrongs don’t make a right.
VRA Sec 2 isnt a make up call. It is a race neutral statute that defines the remedy for *actual* *present day* *provable* digressions of the 14th and 15th Amendment.
You would have been accurate to denote VRA Sec 5 as a make up call (that is the pre-clearance section, *requiring* certain states to pre-submit districting based on historical issues.)
But your labeling of Sec.2 as the bolded simply isnt accurate. And further, both Sec. 2 and rhe 15th amendment is not applicable to the gamut of distinctions you point to within your comments italicized.
In all honesty, I actually am in line with 'minimize the weird ass boundaries' that are a result of gerrymnandering. But gerrymandering *has* to be divided into two buckets -- those that are optional and those that are a function of adherence to VRA. I am of the opinion that the vast majority of the issues of gerrymandering are a result of the optional sort. As an example, California had minimal gerrymandering issues, mainly due to to the commission that was enacted to set the booundaries. And one has to remember that California probably has the *most* stringent requirements to adhere to VRA Sec 2 -- based solely on the gamut of minorities in its borders *and* a large delegation body that feeds the issue. What allowed an easier time for California was that at least one prong of VRA Sec 2 allowed less strict compliance was -- the disparity between the voting habits of the state majority and that of the resident minorities.
That simply isnt the case for many of the Southern red states. Resulting in much more VRA Sec 2 activity in those southern red states. And the distinction between California and the southern red states highlights the error you make -- that the VRA SEc 2 is mandate based solely on race and 'make up call' angst. VRA Sec 2 is a section that allows a party a direct path for enforcement of the 14th and 15th amendments, and is based solely on *present* discriminatory structure. There is *no* mnechanism in VRA Sec 2 to allow or even use as part of the isse the idea of a 'make up call'.
If you wish to keep denoting it as succh, I would liike you to denote anywhere *in the law* or in the judicial tests for the law such a 'make up call' component.