Wednesday, February 17, 2016

Bethune-Hill v. Virginia State Board of Elections


On the Supreme Court is Docket #15-680 for Feb. 2016, Bethune-Hill v. Virginia State Board of Elections.

The Issues:

(1) Whether the court below 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 districting criteria.

(2) Whether the court below 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.

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

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

(5) Whether the court below 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.

The Court is now in recess. The next sitting will begin on February 22.

The Justices will not meet Friday for their February 19 Conference because of the ceremony at the Court in honor of the late Justice Antonin Scalia.











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