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The media are split with regard to what the decision portends. Some key facts: NC’s population is 21% black. The state has 12 congressional districts. So, if it is geographically possible, the state needs to produce two congressional districts that give black voters the opportunity to elect the candidate of their choice.
This used to be simpler. Construct a district with enough black voters to comprise a majority of the voting population (and maybe a bit more to account for nonvoters) and you would have a majority-minority district. If the black voters acted as a block, they could elect a candidate of their choice. If you put too many black voters in a district, it would be an unconstitutional racial gerrymander that “packed” too many voters into the district. Too few, and it was a district that “cracked” voting power.
Over time, incumbents, lawyers and political consultants have looked to tweak this by asserting that, after a while, racial divisions might heal or melt away and, as a result, white voters might come around to support black candidates. If so, then it theoretically becomes unnecessary to create a “majority-minority” district. Under these “crossover” circumstances, a district with only 40 or 45% black voters might be able to elect a candidate of the black voters’ choice. If so, creating a district with 55% black voters would now be an unconstitutional “packing” gerrymander.
The NC redistricting case boiled down to whether or not it was necessary to create a majority or in influence district. Theoretically, if NC could create two solid influence districts, those extra black voters could be moved into another district where they could wield some solid influence.
Maybe. But, at the end of the day, NC needs to create TWO districts that can elect a candidate of black voters’ choice. So (and theoretically, this is good news), those extra black voters that we no longer need to create majority minority districts are simply “filler people” (as one scholar described long ago) that we use to make sure district populations are equal.
(I admit that the language sounds less than empathetic. But, these are the terms of the trade.)
Problem is, then, the case boiled down, metaphorically, to a dispute about whether those districts should be 47 or 45 or 51% black. At the end of the day, the extra voters would still be pushed into other districts where they would be minority voters. So, no matter what, NC had to create opportunities to elect two black-preferred candidates.
NC did just that. Yet, this case was litigated up to the Supreme Court where the justices sent it back…so that the lines could be redrawn and, no doubt, another round of litigation will take place. This is 2017. Place your bets: will this be resolved before the next census?
One can only imagine the amount of taxpayer dollars going towards this litigation—to fight over a percent or two when the districts must be created anyway. Litigants and consultants are making a lot of money to do essentially nothing to improve the fate of any voters. This is unethical. We are expending tax dollars at the expense of the voters. This is endless litigation. The stuff of Dickens’s BLEAK HOUSE.