Supreme court to review whether South Carolina map discriminated against Black voters
When South Carolina Republicans set out to redraw the state’s seven congressional districts after the 2020 census, they had a clear goal in mind: make the state’s first congressional district more friendly for Republicans.In 2018, Democrat Joe Cunningham won the seat in an upset. In 2020, Republican Nancy Mace barely won it back. Now, Republicans wanted to redraw the district, which includes Charleston and stretches along the south-eastern part of the state, to be much safer. There was an easy way to do this – change the lines to add reliably Republican areas in three different counties to the district.But there was a problem. The old district was about 17.8% Black and the new additions would make it 20% Black, enough to make it politically competitive. So the mapmaker Republicans tasked with coming up with a new plan began removing Black voters in Charleston from the first district, placing them in the neighboring sixth district, which is represented by Democrat Jim Clyburn. Ultimately, he removed more than 30,000 Black voters – 62% of Charleston’s Black population in the district – out of it. Mace comfortably won re-election in 2022.Whether or not that removal was constitutional is at the center of a case the supreme court is set to hear on Wednesday called Alexander v South Carolina State Conference of the NAACP.A three-judge panel ruled in January that Republicans had undertaken an “effective bleaching” of the district, deliberately sorting Black voters based on their race. That kind of racial sorting violates the US constitution’s 14th amendment, which guarantees equal protection under the law. It was “more than a coincidence” that the new, more-Republican configuration of the first district had the exact same percentage as Black voters as the old one. The court said Republicans had adopted a racial target of a 17% Black district and drawn the lines to meet it.Any decision striking down the lines is likely to make the first congressional district more competitive for Democrats, who are seeking to cut in to the razor-thin majority Republicans hold in the US House next fall.But South Carolina Republicans say their decision to move voters was based on partisan motivations, not racial ones. The mapmaker, Republicans say, didn’t even consider racial data when he was drawing the plans. The map South Carolina Republicans enacted is the only plan offered that increases the Republican vote share while all the ones proposed by the plaintiffs turned it into a majority-Democratic district, lawyers for the state wrote in their briefing to the supreme court.“If left uncorrected, the decision below will serve as a roadmap to invalidate commonplace districts designed with a political goal,” lawyers for the state wrote in their briefing to the supreme court.While the US supreme court has long prohibited racial gerrymandering – sorting voters into districts based on their race with no legitimate purpose – it said in 2019 that there is nothing the federal courts can do to stop gerrymandering for partisan aims.The South Carolina case is being closely watched because a ruling approving of the state’s redistricting approach could give lawmakers much more leeway to use partisanship as a pretext for unconstitutionally moving voters based on their race. That could be a boon to lawmakers in the US south, where voting is often racially polarized.While the current conservative court has been extremely hostile to voting rights in recent years, litigants have had some success in similar racial gerrymandering cases. In a 2017 case, for example, the court struck down two North Carolina congressional districts because Republicans in the state had relied too much on race with no legitimate purpose.“The sorting of voters on the grounds of their race remains suspect even if race is meant to function as a proxy for other (including political) characteristics,” Justice Elena Kagan wrote in a footnote in the majority opinion.“This case stands for the proposition that you cannot use partisanship as a guise to harm Black communities,” said Antonio Ingram II, a lawyer with the NAACP Legal Defense and Educational Fund (LDF), which is representing the challengers in the case. “You cannot use political goals or interests in order to harm Black voters. Black voters cannot be collateral damage to craft partisan gerrymanders.”skip past newsletter promotionafter newsletter promotionTo bolster their argument, the challengers retained a statistical expert, Harvard professor Kosuke Imai, who produced 10,000 simulated maps that did not take race into account. None of those 10,000 simulations produced a Black voting age population in the first congressional district than the plan Republicans adopted.Another expert witness for the plaintiffs analyzed the areas that were moved from the first congressional district to the sixth to see if there was any correlation between race or partisanship and the likelihood it would be moved. The analysis found that the racial makeup of an area was a better predictor of whether it would be moved than its partisan composition.There are also allegations that Clyburn, one of the most powerful Democrats in Washington, condoned adding Black voters to his district and assisted the legislature in coming up with a plan to do so. Clyburn has strongly disputed those allegations and filed a friend of the court brief urging the supreme court to uphold the lower court’s finding and strike down the first congressional district.The justice department also filed a brief urging the court to uphold the lower court’s ruling and strike down congressional district 1. “The court permissibly found that race predominated in the drawing of CD1 because mapmakers relied on race to achieve their partisan goals,” Elizabeth Prelogar, the solicitor general, wrote in a brief.Ingram, the LDF attorney, said that the map South Carolina Republicans had implemented would ultimately make it harder for Black voters along the coast of the state to get someone to advocate for them on issues like climate change. He noted that voters in Charleston, near the coast of South Carolina, who were being attached to CD-6, were being annexed into a largely inland district.“This is about Black voters not having champions in their own communities that are responsive to their needs that are influenced by their electoral power to really advocate for federal allocation of resources without things that will improve their quality of life.” More
