Wednesday, June 27, 2018

Three-Judge Federal Court Finds 11 VA State House Districts Unconstitutional Racial Gerrymanders

After holding a Bench Trial in 2015, this Court issued a Divided Opinion Upholding the Redistricting Plan.

Bethune-Hill v. Va. State Bd. of Elections, 141 F. Supp. 3d 505 (E.D. Va. 2015)

The United States Supreme Court Affirmed this Court’s Decision Regarding One District, but Remanded for Reconsideration of the Question whether Race was used as the Predominant Factor in Drawing the 11 Remaining Districts.

Bethune-Hill v. Va. State Bd. of Elections, 137 S. Ct. 788 (2017)

After a Second Trial, and upon Consideration of the Evidence presented at Both Trials, two of Three Judges held that the Plaintiffs have shown through Telling Direct and Circumstantial Evidence that Race Predominated over Traditional Districting Factors in the Construction of the 11 remaining Challenged Districts.

They further hold that the Intervenors have Not Satisfied their Burden to Show that the Legislature’s Use of Race was Narrowly Tailored to Achieve the Compelling State Interest of Compliance with Section 5 of the VRA, 52 U.S.C. § 10304.

CLICK HERE to read the 188 page (pdf) Decision.

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