Posted on Dec 9, 2022
ACLU of Kansas wants U.S. Supreme Court to ditch state's congressional map over race
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The civil rights group argues the Kansas Supreme Court incorrectly interpreted federal law when it ruled race wasn’t a factor in the map drawn by the Republican-dominated Kansas Legislature.
The American Civil Liberties Union of Kansas wants the U.S. Supreme Court to force the redrawing on Kansas congressional districts, arguing the state’s high court didn’t account for racial bias.
An ACLU appeal to the nation’s highest court argued the new map used in the 2022 elections reflects a Kansas Supreme Court ruling that “greenlights intentional race discrimination in redistricting.”
The group’s petition comes after the organization lost its challenge to the map in the state court system earlier this year.
The American Civil Liberties Union of Kansas wants the U.S. Supreme Court to force the redrawing on Kansas congressional districts, arguing the state’s high court didn’t account for racial bias.
An ACLU appeal to the nation’s highest court argued the new map used in the 2022 elections reflects a Kansas Supreme Court ruling that “greenlights intentional race discrimination in redistricting.”
The group’s petition comes after the organization lost its challenge to the map in the state court system earlier this year.
ACLU of Kansas wants U.S. Supreme Court to ditch state's congressional map over race
Posted from kcur.org
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Voting
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Posted >1 y ago
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PO1 William "Chip" Nagel
..."“It is a claim of racial vote dilution,” Brett said, “of intentional race discrimination in the drawing of the maps in a way that dilutes the voices of minority voters.”
Gunn said the group’s argument may be more compelling in federal court than it was in state court. He said the state’s ruling said too few racial minorities were affected by the new district lines to be considered a factor. But that may not pass muster with the U.S. Supreme Court.
“There’s some teeth to this argument,” Gunn said, “because the federal supreme court’s jurisprudence on this issue tends toward the notion that it doesn’t matter how many people are being affected.”
The state has until the end of December to respond to the petition before the court will consider taking up the case.
Meanwhile, the alleged political gerrymandering of the map did not make much of a difference during the midterm elections — the first time the map was used.
Democrats feared the new lines would make it more difficult for Democratic U.S. Rep. Sharice Davids to win reelection in the 3rd District that represents the Kansas City area. That would have handed the state’s only Democratic-leaning district over to the Republicans and put all four of the state’s congressional districts in GOP hands.
Despite losing racial minority voting blocs and gaining more rural Republican-leaning areas, Davids still won the district handily — defeating Republican challenger Amanda Adkins for a second time."...
..."“It is a claim of racial vote dilution,” Brett said, “of intentional race discrimination in the drawing of the maps in a way that dilutes the voices of minority voters.”
Gunn said the group’s argument may be more compelling in federal court than it was in state court. He said the state’s ruling said too few racial minorities were affected by the new district lines to be considered a factor. But that may not pass muster with the U.S. Supreme Court.
“There’s some teeth to this argument,” Gunn said, “because the federal supreme court’s jurisprudence on this issue tends toward the notion that it doesn’t matter how many people are being affected.”
The state has until the end of December to respond to the petition before the court will consider taking up the case.
Meanwhile, the alleged political gerrymandering of the map did not make much of a difference during the midterm elections — the first time the map was used.
Democrats feared the new lines would make it more difficult for Democratic U.S. Rep. Sharice Davids to win reelection in the 3rd District that represents the Kansas City area. That would have handed the state’s only Democratic-leaning district over to the Republicans and put all four of the state’s congressional districts in GOP hands.
Despite losing racial minority voting blocs and gaining more rural Republican-leaning areas, Davids still won the district handily — defeating Republican challenger Amanda Adkins for a second time."...
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