WASHINGTON (AP) — The Supreme court struck two congressional districts in North Carolina Monday, as the race played too large a role in their formation.
The judge decided that the Republicans, who controlled the state legislature and the governor’s office in 2011, placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have been drawn, and the state elections held under the new congressional map in 2016. Also with the new districts, the Republicans have their 10-3 edge retained seats in Congress.
Justice Elena Kagan, writing for the court, said the state does not have compelling reasons to offer to justify their dependence on race either in the district.
The question of race and redistricting is a well-known, the Supreme court, and Kagan, that the districts”, his fifth(!) Appearance before this court.”
States must take into account to take the race, the drawing of maps for the legislative branch, the Congress, and a variety of local political districts. At the same time, race is not the predominant factor, without very good reasons, a line of high court cases stretching back 20 years.
A three-judge Federal court had previously to the two parts of the city hit. The judge upheld the lower court’s decision, the counts on both.
The court, unanimously, the lower court confirmed the decision of district 1 in the North-East of North Carolina. Kagan is not”, wrote that the court approve a racial gerrymander, the need for which is supported by no evidence.”
The judges split 5-3 on the other district, district 12, in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and justice Samuel Alito and Anthony Kennedy dissented. Justice Neil from gorsuch is not part of the case.
The state insisted that race played no role in the creation of a circle. Instead, the state argues that the Republicans who controlled the redistricting process wanted to leave the circle, in democratic hands, so that the surrounding communities would be safer for the Republicans.
“The evidence offered at the trial…adequately, the conclusion supports the fact that the race, not politics, was attributable to the district is the reconfiguration,” Kagan wrote.
Alito said in the dissent that the evidence instead shows that the district-boundaries “are easily explained by political considerations.”