The Federalist Society

Bartlett v. Strickland: Is a Stopping Point Near for Race-Conscious Districting?

July 20, 2009

Jack J. Park Jr.

In Bartlett v. Strickland, the U.S. Supreme Court found that there is a stopping point for the influence of race in redistricting. Th e Court’s conclusion that Section 2 of the Voting Rights Act does not require a state to create a so-called “crossover” district in which the minority population is less than 50% of the district’s population is, ironically, a victory for federalism. That victory, while substantial, may not be long-lived. In her dissenting opinion, Justice Ginsburg called on Congress “to clarify beyond debate the appropriate reading of Section 2.” Congress should decline that invitation because the Court’s reading of Section 2 is constitutionally correct and practically sound...

Bartlett v. Strickland: Is a Stopping Point Near for Race-Conscious Districting?  


The Federalist Society