Abstract
Racially polarized voting makes minorities more vulnerable to discriminatory changes in election laws and therefore implicates nearly every voting rights doctrine. In Thornburg v. Gingles, the Supreme Court held that racially polarized voting is a necessary—but not a sufficient—condition for a vote dilution claim under Section 2 of the Voting Rights Act. The Court, however, has recently questioned the propriety of recognizing the existence of racially polarized voting. This colorblind approach threatens not only the Gingles factors but also Section 2’s constitutionality.
Original language | English |
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Pages (from-to) | 252-331 |
Number of pages | 80 |
Journal | Duke Law Journal |
Volume | 70 |
Issue number | 2 |
State | Published - 2020 |