Sunday, January 17, 2016

Supreme Court Conference of Jan. 22, 2016


In the Supreme Court Conference of January 22, 2016, “Petitions to watch” features this petition:

Bethune-Hill v. Virginia State Board of Elections (15-680)

Issue: (1) - Whether the court erred in holding that race cannot predominate even where it is the most important consideration in drawing a given district unless the use of race results in “actual conflict” with traditional redistricting criteria.

Issue: (2) - Whether the court erred by concluding that the admitted use of a one-size-fits-all, 55% black voting age population floor, to draw twelve separate House of Delegates districts did not amount to racial predominance and trigger strict scrutiny.

Issue: (3) - Whether the court erred in disregarding the admitted use of race in drawing district lines in favor of examining circumstantial evidence regarding the contours of the districts.

Issue (4) - Whether the court erred in holding that racial goals must negate all other redistricting criteria in order for race to predominate.

Issue (5) - Whether the court erred in concluding that the General Assembly's predominant use of race in drawing House District 75 was narrowly tailored to serve a compelling government interest.











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