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McCrory v. Harris: Constitutional Prohibitions on Racial Classifications and the Requirements of the Voting Rights Act in Redistricting

Abstract

In McCrory v. Harris, the Supreme Court is faced with yet another redistricting case: Are the first and twelfth Congressional Districts in North Carolina the result of impermissible racial gerrymandering? The parties\u27 dispute centers around two questions: In what circumstances is race the predominant factor in a state legislature\u27s redistricting plan? And in what circumstances is the use of race as a predominant factor in redistricting plans an impermissible racial gerrymander? This Commentary will provide a summary and analysis of the arguments presented for the Court\u27s review, and argue that both North Carolina Congressional Districts should be struck down as the product of impermissible racial gerrymanders

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