Bethune-Hill v. Virginia State Board of Elections (2017)

What is the citation for Bethune-Hill v. Virginia State Board of Elections?

580 U.S. ___ (2017) | Argued: Dec. 5, 2016 | Decided: Mar. 1, 2017

Who were the appellants in the case Bethune-Hill v. Virginia State Board of Elections?

Golden Bethune-Hill et al., twelve Virginia voters.

What percentage of Black Voting-Age Population did Virginia aim for in the redistricted legislative districts?

At least 55%.

What did the plaintiffs allege in the case?

Unconstitutional racial gerrymandering in violation of the Equal Protection Clause of the Fourteenth Amendment.

What did the District Court hold regarding the use of race in the 11 districts?

Race was not the predominant factor.

What was the outcome regarding District 75 in the District Court's decision?

Race was predominant, but its use was narrowly tailored to a compelling interest.

What was the error identified by the Supreme Court regarding the District Court's predominance test?

Requiring an actual conflict between race and traditional districting principles.

What standard did the Supreme Court clarify for determining racial predominance?

A holistic inquiry into whether race predominated, evaluating the district as a whole.

What happened to the judgments for the 11 districts as a result of the Supreme Court's decision?

They were vacated and remanded.

Why did the Supreme Court affirm its decision for District 75?

Race did predominate, triggering strict scrutiny and the court assumed VRA §5 compliance was a compelling interest.

What is strict scrutiny in the context of racial gerrymandering cases?

When race predominates, the state must show the map is narrowly tailored to a compelling government interest.

What does Section 5 of the Voting Rights Act prevent?

Retrogression — reducing minority voters' ability to elect their preferred candidates.

What kind of analysis must states perform when using race in redistricting according to the Supreme Court?

A functional analysis using practical evidence, not just fixed racial percentages.

What did the Court's decision allow states in terms of using race in redistricting?

Some flexibility to use race when supported by good reasons under the VRA.

What is a memorable quote from the Bethune-Hill v. Virginia State Board of Elections case regarding the inquiry's ultimate object?

“The ultimate object of the inquiry… is the legislature’s predominant motive for the design of the district as a whole.”