Race and Redistricting: How Are We to Understand the VRA? [2025 NLC] скачать в хорошем качестве

Race and Redistricting: How Are We to Understand the VRA? [2025 NLC]

The Voting Rights Act (VRA) is at a crossroads. Section Two of the VRA forbids voting procedures that "result in" members of minority groups having "less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." The Supreme Court has interpreted the VRA to require states to pay attention to race when drawing district lines, creating tension with the Equal Protection Clause's demand that race not predominate construction of electoral districts. Louisiana v. Callais provides the Court with an opportunity to address whether Section Two should continue to mandate race-conscious districting, and whether such an interpretation conflicts with the Equal Protection Clause. It is also unclear whether VRA Section Two may be enforced in private lawsuits. Several decisions have assumed that the VRA could be enforced by private litigants. However, the Supreme Court has greatly limited the ability to enforce federal law through a private right of action; especially where, as with VRA Section Two, federal law does not explicitly create an individual right. There is currently a circuit split on this question. This panel will explore these questions and the future of race-conscious redistricting in the United States. Featuring: Mr. Edward D. Greim, Partner, Graves Garrett Greim, LLC Mr. Abhishek Kambli, Deputy Associate Attorney General, United States Department of Justice Prof. Derek T. Muller, Professor of Law, University of Notre Dame School of Law Prof. Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law Moderator: Hon. Kenneth Kiyul Lee, United States Court of Appeals, Ninth Circuit * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.