2022-2023 Supreme Court Term Preview
5-4
00:00
Is Race a Factor in Your Racial Discrimination Analysis?
Kavanaugh: There are hints based on the arguments Alabama's making and a very short, concurring opinion that Justice Kavanaugh put out when they stayed the lower court opinion. One part of this test is you have to sort of demonstrate that the population in question is capable of sustaining a district where they would be a majority of the population. And what Alabama has argued is when demonstrating this, you cannot consider race in the drawing of these maps.
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