The Bull Elephant
  • Home
  • About The Bull Elephant
  • Fun Stuff
  • Contact The Bull Elephant
Latest Posts
Prayers, Preaching and (Revised) History Lessons
Proposed Convention Amendments
Cancel Culture as America’s New Religion
A letter in Response to SCC Vice Chair...
Right From The Start: Will Democrats Re-Elect President...
The McDuff Debacle
A new convention plan

The Bull Elephant

  • Home
  • About The Bull Elephant
  • Fun Stuff
  • Contact The Bull Elephant

New Virginia Congressional Districts in 2015!

written by Paul A. Prados October 7, 2014

In a 2-1 vote, today, a three judge panel from the U.S. District Court for the Eastern District of Virginia struck down Virginia’s congressional districts as unconstitutional by virtue of the third congressional district being a racial gerrymander. Prepare to be redistricted in 2015.[read_more]

It is all about race

Race was the predominant factor in determining the Congressional redistricting plan. Because race is the dominant factor, strict scrutiny applies. Strict scrutiny requires that the congressional redistricting plan be 1. narrowly tailored to meet a 2. compelling state interest. Re #2: Compliance with the Voting Rights Act was a compelling state interest. But, the legislature did not narrowly tailor (#1) their law.

How could this be?

The law was designed to avoid “retrogression” or a weakening of minority voting power. The problem from the Court’s perspective was that the General Assembly arbitrarily chose to impose a minimum 55% black voting age population for the 3rd Congressional District. In short, the General Assembly needed more justification (such as a series of studies) to show that the 3rd district boundaries were the least restrictive means to avoid retrogression.

So the Congressional redistricting plan is racist, how does the Court plan to fix it?

As I noted in 2011, the Court has broad discretion over the remedy to impose when striking down a redistricting plan. “Equitable considerations preclude remediation prior to Virginia’s November 2014 elections.” The current elections in less than a month will go forward as planned. This is in part because the parties in the case waited 19 months before suing. Instead the General Assembly is mandated to come up with a new plan and pass it by April 1, 2015. All of Virginia’s congressional districts are subject to change.

Whether the 3rd District is racist or not, it sure is not compact and contiguous:

Va3rdDIST2300

(Washington Post)

Perhaps Virginia’s politicians shouldn’t create the redistricting plan in a smoke filled back room next time.

For readers seeking extensive background material on redistricting in Virginia see here.

UPDATE:  Here are a few links from my coverage in 2011 in response to some comments and questions raised.

I made reference to the Wilkins case.  A copy of this case can be found here. My discussion of its standards can be found here.

There were two competing plans that were made known to exist back in 2011.  One was from the ACLU of Virginia.  The other was promoted by the Virginia Legislative Black Caucus.

New Virginia Congressional Districts in 2015! was last modified: October 8th, 2014 by Paul A. Prados
redistricting
17 comments
Paul A. Prados

Having fallen prey to the allure of DC politics in college, Paul escaped only to make the similar judgment error of going to law school. Trained at the side of a sitting state Senator, Paul is now the owner of a law firm in Reston, Virginia. In previous years Paul built a base of support on Twitter @ppradoslaw and founded and wrote for a blog on Virginia politics and legal procedure northernvirginialawyer.blogspot.com. As a pro-life libertarian, Paul finds himself at home within the broader conservative movement, and believes in a big tent Republican Party. In May 2016 Paul was elected as Chairman of the 11th Congressional District Republican Committee. Paul resides in western Fairfax County with his wife and children.

Your life will be better if you click one of these

Prayers, Preaching and (Revised) History Lessons

March 3, 2021

Proposed Convention Amendments

March 2, 2021

Cancel Culture as America’s New Religion

March 1, 2021

A letter in Response to SCC Vice...

March 1, 2021

Right From The Start: Will Democrats Re-Elect...

February 28, 2021

The McDuff Debacle

February 28, 2021

A new convention plan

February 28, 2021

Sunday Memes–Let’s all try to be less...

February 28, 2021

Shaun Kenney is Correct

February 27, 2021

Letter from RPV Chairman regarding convention at...

February 27, 2021

Fun Stuff

  • Sunday Memes–Let’s all try to be less white

  • Sunday Funday Memes!

  • Sunday Memes–We deserve a laugh today

  • Best Super Bowl commercials 2021

  • Sunday Memes, Circleback!

Advertisement

Advertisement

Sign Up for Email Alerts

[wysija_form id="5"]

Advertisement

  • Facebook
  • Twitter

@2017 Bull Elephant Media LLC.


Back To Top