The Voting Rights Act At 30
Such gerrymandering to create “minority-majority” electoral districts is the quintessential “outcome-based” racial policy and a provocative political entitlement. The purpose of drawing lines to create districts in which minorities constitute a majority of the voters is to assist, virtually to the point of ensuring, the election of minorities to offices to which they presumably are entitled by virtue of their race or ethnicity. The result is “political apartheid,” to use Justice O’Connor’s phrase from the 1998 ruling invalidating North Carolina’s districting scheme that produced the 160-mile-long district that straggled down Interstate 85 and for most of its length was no wider than the highway....