Frank Galvin said:
whitetrash said:
Frank Galvin said:
Osodecentx said:
Back to the decision
It is a solid decision legally. Time to put race behind us in college admissions & redistricting
The Supreme Court isn't supposed to make those type of decisions. It is supposed to interpret the Constitutuion and statute. Its reading of the VRA in light of teh 14th Amendment is absurd.
States that the SCt is supposed to interpret the Constitution and the statute.
Complains that the SCt interpreted the Constitution and the statute in making its decision.
I was responding to a post that said the decision was correct becuase it is "time to put race behind us in college admissions & redistricting" which is a policy matter reserved for Congress. The ridiculous attempt at intepretation makes clear SCOTUS is making policy based on the first argument and trying to hide it as intepretation.
Did you read the opinion?
"The parties . . . and their arguments . . . highlighted problems in the existing body of 2 case law [VRA]. One problem resulted from the rule that in racial gerrymandering cases, unlike other cases involving claims of racial discrimination, strict scrutiny is triggered only if race "predominated" in the State's decisionmaking process. Another problem stemmed from the long-unresolved question whether compliance with the Voting Rights Act provides a compelling reason that may justify the intentional use of race in drawing legislative districts.
For over 30 years, the Court has simply assumed for the sake of argument that the answer is yes. These and other problems convinced the Court that the time had come to resolve whether compliance with the Voting Rights Act can indeed provide a compelling reason for race-based districting."
The Court is not making policy. It is applying the 15th Amendment to the VRA.
"The focus of 2 must be enforcement of the Fifteenth Amendment's prohibition on intentional racial discrimination. When 2 of the Act is properly interpreted, it imposes liability only when circumstances give rise to a strong inference that intentional discrimination occurred. Properly understood, 2 thus does not intrude on States' prerogative to draw districts based on nonracial factors, including to achieve partisan advantage. In short,
2 imposes liability only when the evidence supports a strong inference that the State intentionally drew its districts to afford minority voters less opportunity because of their race. Not only does this interpretation follow from the plain text of 2, but it is consistent with the limited authority that the Fifteenth Amendment confers.
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