U.S. Supreme Court
Supreme Court Considers Percentages in Voting Rights Case
Posted Oct 15, 2008, 10:04 am CST
By Debra Cassens Weiss
The U.S. Supreme Court considered yesterday whether the Voting Rights Act protects the dilution of minority voting strength in “coalition” districts where minorities make up less than half of the population.
The state of North Carolina argued the law protects voting strength in such districts, and lawsuits should be allowed to challenge dilution of minority votes in coalition areas, the Washington Post reports. In these districts minority voters have the chance to elect a candidate of their choice with crossover white voters, Law.com explains in its coverage of yesterday’s oral arguments.
Several justices appeared to reject North Carolina’s position, instead endorsing a 50 percent rule that would allow lawsuits only when minorities can show they would make up more than half the population in a district if the boundaries were redrawn, the Post story says.
Justice Anthony M. Kennedy, considered a swing vote in election law cases, belittled North Carolina's argument. The state's lawyer is “proposing a brave new world of coalition districts,” he complained.
Justice Stephen G. Breyer, however, suggested that minority voting strength should be protected at a lower percentage, the New York Times reports. "When I worked out the numbers, it seemed that natural stopping place fell around 42-43 percent," he said.