Neil Gorsuch Questions Racial Gerrymandering in Remedial Voting Maps

The Role of Race in Remedial Voting Maps

• ⚖️ Justice Gorsuch questioned an attorney regarding the permissibility of using race as a predominant factor in remedial voting maps.
• ❓ The core question was whether a plaintiff in a Section 2 case must present a map where race is not the predominant factor, or if a federal court can use a map that intentionally discriminates on the basis of race.

Attorney's Stance on Remedial Maps

• 🚫 The attorney stated that a plaintiff does not have to use race to create a remedy in a map and that a court should not intentionally discriminate.
• ⚠️ However, she conceded that there might be rare circumstances where the only possible remedy involves the limited use of race, which is subject to strict scrutiny.
• 🤝 The attorney clarified that states have broader leeway than federal district courts in balancing political interests and concerns when drawing maps.

Constitutional Boundaries and Discrimination

• 📜 Gorsuch pressed on whether states have the breathing room to intentionally discriminate on the basis of race, to which the attorney responded they do not have breathing room to intentionally discriminate but do have room to use race to remedy their own discrimination.
• 🎯 The discussion highlighted existing constraints from cases like Jingles and Shaw that aim to keep the use of race within constitutional bounds.