(sunday PO) South Carolina redistricting case could add Democratic House seats

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(sunday PO) South Carolina redistricting case could add Democratic House seats

Post by GuideToACrazyWorld » Sun Oct 15, 2023 2:59 am


The U.S. Supreme Court hears another redistricting case Wednesday, one that could well end up giving Democrats at least a shot at winning a second congressional seat in South Carolina.

At issue is the way the Republican-dominated state legislature equalized the population of its congressional districts, as it is required to do by the Constitution after the decennial Census. Specifically under the microscope is congressional district one — CD 1 — which encompassed Charleston County and had 88,000 too many voters in it, while the neighboring CD 6, represented by the state's only Black congressman, had 85,000 too few voters.
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Now, you might think that the natural solution would be to move the excess voters from CD 1 to CD 6, but that's not what the map-makers did. Instead the GOP plan chopped up Charleston County, stripping from CD 1 most of the city of Charleston and ending its 120-year history as the anchor for the district.

The South Carolina State Conference of the NAACP challenged the redistricting in court. As the organization's president Brenda Murphy puts it, residents who live in Charleston County use the same schools, the same churches and the same hospitals, but these residents "are now split."

The state of South Carolina, however, maintains that its gerrymander wasn't racial; it was partisan. It makes a difference because, under Supreme Court precedents, a gerrymander that is "predominantly based on race" is a violation of the 14th Amendment's guarantee to equal protection of the law, but a partisan gerrymander, while unattractive, is perfectly legal.

Figuring out the difference can be tricky, especially in the South where voting remains racially polarized, and some 90% of Black voters are Democrats. As a result, these cases are very much determined by the factual findings of the lower courts.

In this case, a three-judge federal district court held an eight-day trial. It found that while the Republican legislature had drawn the lines for CD 1 to create a safer Republican district, race was "the predominant motivating factor" in drawing the district lines. Specifically, the court found that the GOP determined that it needed to keep the Black voting age population in CD 1 at a relatively low 17.3% in order to achieve its partisan goal, and that it "targeted" the Black vote to achieve that goal, in the process violating its own map-drawing rule which called for the least change possible to district lines.
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Interestingly, in a very real sense, the NAACP's argument in this case is the same one embraced by the Supreme Court in last term's affirmative action decision. In that case, the court said colleges were sorting students by race, and that's unconstitutional. In this case, the NAACP claims the GOP state legislature sorted voters by race, and that's unconstitutional.

NYU law professor Richard Pildes, an election law expert, sees "a kind of consistency" in all this.

"In both areas the Roberts court has taken the position that the explicit use of race in public policy-making or in educational admissions practices can only be done if the government has the most compelling justifications for doing it," he says. "In redistricting the only compelling justification is complying with the Voting Rights Act. That's not on the table here."

In other words, this could be a case in which the conservative Roberts court sides with civil rights groups. Both sides have asked the Supreme Court to expedite a decision by January so that a new map will be in place for the 2024 election.

Democrats believe that similar redistricting wins are possible in Louisiana and Georgia and that, combined with a recent win in Alabama, could conceivably be enough for the Democrats to recapture control of the House of Representatives. It's a stretch, but not a crazy one.



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Re: (sunday PO) South Carolina redistricting case could add Democratic House seats

Post by GuideToACrazyWorld » Sun Oct 15, 2023 3:04 am

On a side not I read a new report on inflation today. A couple months ago @Tarmaque pointed out how it was slowing down and I said we were still headed for high inflation this year. Right now year to date increase is 3.7%. I could try and argue that anything above 3% is high but that would be silly. So, Tarm, It looks like I was wrong and you were right.

There is one exception housing rose 7.2%. Which is a travesty especially for poorer people.

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Re: (sunday PO) South Carolina redistricting case could add Democratic House seats

Post by Tarmaque » Sun Oct 15, 2023 3:34 am

GuideToACrazyWorld wrote:
Sun Oct 15, 2023 3:04 am
There is one exception housing rose 7.2%. Which is a travesty especially for poorer people.
Don't get me started on housing. It's what comes from allowing unregulated speculation on real estate. Why would a developer build a $100k house when he can build a $500k house? Neighborhoods in this area are now crammed wall to wall with McMansions and crappy apartments. There's no such thing as a "starter home" these days. Crappy little ancient 2-bedroom single bath houses are going for $400k, when fifteen years ago you could pick up a decent house for $150k. People without big-paying jobs can't afford houses at all, and fill up the crappy apartments. 20 miles north is a little town where you used to be able to buy much cheaper, but now all the high rent people are moving there because they can buy a house on a decent sized lot, and the big apartment complexes they're building up there are filling up with the overflow from down here. The influx of people from all over the country is exploding our population faster than the developers can build crappy housing, and people who've lived here their whole lives like me are priced out of the market. Where do they all work? I have no idea.

As far as me being right about inflation, it's still not down where I'd like it to be. Try to buy a steak these days. Pfui!

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Re: (sunday PO) South Carolina redistricting case could add Democratic House seats

Post by Slip Shod » Sun Oct 15, 2023 9:42 pm

Next global superpower ? 15 mins.
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Just thinking ..

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