In its most recent round of redistricting, the South Carolina legislature changed the demographic of a congressional district, resulting in a number of Black voters being moved to a different district. Challengers argued that the state violated the 14th Amendment by unlawfully racially gerrymandering the district; while lawmakers countered that political, not racial, factors motivated the redistricting. Election law experts Rick Hasen of UCLA Law and Jason Torchinsky of the Holtzman Vogel law firm, join National Constitution Center President and CEO Jeffrey Rosen to break down this week’s oral arguments in the case, discuss the claims being made, and how the Court might evaluate them. 

Resources:

• Alexander v. South Carolina NAACP (oral argument audio / transcript)
• Brief of Amicus Curae Nancy Mace, et al, in support of appellants (Jason Torchinsky, counsel of record)
• Brief of Amicus Curae the National Republican Redistricting Trust in support of appellants (Holtzman Vogel, counsel of record) 
• “The Supreme Court upholds the provision prohibiting racial gerrymandering,”NPR Interview with Richard Hasen (June 2023)
• Richard Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (forthcoming 2024)
• “Redistricting in Alabama and the Voting Rights Act—Part 2,” We the People podcast (Oct. 2022)
• “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA,” We the People podcast (June 2023) 

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You can find transcripts for each episode on the podcast pages in our Media Library.