The Constitutionality of Race-Conscious Redistricting: An Empirical Analysis

W. Crain

The Journal of Legal Studies, 2001, vol. 30, issue 1, 193-221

Abstract: The U.S. Supreme Court's 1993 decision in Shaw v. Reno marked a significant turning point in the legal construction of legislative districts. In Shaw the high court shaped the principle that legislative districts based predominantly on race can survive strict constitutional scrutiny only under extraordinary circumstances. The Court's decisions between 1993 and 1996 abruptly constrained the prevailing interpretation and implementation of the Voting Rights Act. Despite what appears to be a resounding rejection of race-conscious redistricting, the Supreme Court's opinions emphasize a state's right to use race as a criterion and even to create majority-minority districts. Under what conditions race-conscious districts might pass strict constitutional scrutiny remains a murky question. This question motivates the paper. I seek to provide analysis and empirical evidence relevant to the constitutionality of districts in which racial or ethnic considerations predominate. Copyright 2001 by the University of Chicago.

Date: 2001
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