On Monday, March 21, 2016, the Supreme Court will look at:
Wittman v Personhuballah, Docket No. 14-1504 — Claim of racial gerrymander in redistricting House of Representatives District 3 in Virginia and question of standing to sue.
1) Whether the court erred in failing to make the required finding that race rather than politics predominated in District 3, where there is no dispute that politics explains the Enacted Plan.
(2) Whether the court erred in relieving plaintiffs of their burden to show an alternative plan that achieves the General Assembly's political goals, is comparably consistent with traditional districting principles, and brings about greater racial balance than the Enacted Plan.
(3) Whether, regardless of any other error, the finding of a Shaw violation by the court was based on clearly erroneous fact-finding.
(4) Whether the majority erred in holding that the Enacted Plan fails strict scrutiny because it increased District 3's black voting-age population percentage above the benchmark percentage, when the undisputed evidence establishes that the increase better complies with neutral principles than would reducing the percentage and no racial bloc voting analysis would support a reduction capable of realistically securing Section 5 preclearance.
CLICK HERE for a list of prior actions on this case.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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