'Is it constitutionally OK to reach into the city of Mobile to capture only majority-black neighborhoods? If that’s not racial gerrymandering, nothing is.' -Jack Park
At that time, the Department of Justice, then in the hands of the Republican administration of George H. W. Bush, pushed aggressively for the creation of majority-black districts where possible. The theory, known as"max black," was that the creation of such districts would create parallel opportunities for Republicans. Its use led to therecognition of racial gerrymandering claims.
observed, the practice of redistricting involves the search for a"Goldilocks point." That’s the place where race has been considered just enough and neither too much, which is bad, nor too little, which can be equally bad for a different reason. Or as the Supreme Court has claimed, it is"sensitive" to putting states"between the competing hazards of liability" imposed by the equal protection clause and the Voting Rights Act.
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