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

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.

Publication Date:
May 16 2018
Date Submitted:
Aug 13 2019
William & Mary Law Review, 59, 5
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 Record created 2019-08-13, last modified 2019-08-14

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