1 00:00:00,120 --> 00:00:02,320 Speaker 1: And now it's time for our daily Bloomberg Law Brief, 2 00:00:02,360 --> 00:00:05,240 Speaker 1: exploring legal issues in the news. And today Bloomberg lahst 3 00:00:05,280 --> 00:00:08,959 Speaker 1: Greg's store discusses a Supreme Court ruling and North Carolina 4 00:00:09,000 --> 00:00:12,520 Speaker 1: Republicans relied to heavily on race when they drew two 5 00:00:12,640 --> 00:00:16,000 Speaker 1: oddly shaped congressional voting districts in the state. He speaks 6 00:00:16,000 --> 00:00:19,239 Speaker 1: in Napor silly Or, professor at Stanford University Law School, 7 00:00:20,000 --> 00:00:22,320 Speaker 1: want you just start by giving us a brief explanation 8 00:00:22,400 --> 00:00:24,840 Speaker 1: of what the court held. There were two different two 9 00:00:24,840 --> 00:00:27,760 Speaker 1: districts and in two different rationales for for what the 10 00:00:27,760 --> 00:00:30,960 Speaker 1: court did well. The Court once again is reviewing the 11 00:00:30,960 --> 00:00:33,720 Speaker 1: North Carolina every districting plan. And I said once again 12 00:00:33,800 --> 00:00:36,440 Speaker 1: because over the last twenty years it has looked at 13 00:00:36,479 --> 00:00:39,400 Speaker 1: these districts five or six times. And what they said 14 00:00:39,560 --> 00:00:42,320 Speaker 1: was that the first district, but the but the first 15 00:00:42,360 --> 00:00:46,479 Speaker 1: district and the twelfth district were unconstitutional because they excessively 16 00:00:46,640 --> 00:00:51,960 Speaker 1: used race. And the first district was unconstitutional because you 17 00:00:52,120 --> 00:00:55,560 Speaker 1: could not blame the district on the Voting Rights Act, 18 00:00:55,600 --> 00:00:57,560 Speaker 1: which is what the state attempted to do. They said, 19 00:00:57,920 --> 00:01:01,160 Speaker 1: you had to draw an over fifty percent African American 20 00:01:01,200 --> 00:01:03,240 Speaker 1: district to comply with the Voting Rights Act. The Supreme 21 00:01:03,240 --> 00:01:06,440 Speaker 1: Court said, no, you did not, uh, and so because 22 00:01:06,440 --> 00:01:10,600 Speaker 1: you've used race so extensively, that district unconstitutional. With respect 23 00:01:10,600 --> 00:01:13,160 Speaker 1: of the twelve district, North Carolina defended it as part 24 00:01:13,160 --> 00:01:15,479 Speaker 1: of its partisan jerrymander, saying it was drawing a very 25 00:01:15,520 --> 00:01:18,720 Speaker 1: safe democratic district. The Court here, in a five to 26 00:01:18,840 --> 00:01:22,759 Speaker 1: three vote, said that the district was an unconstitutional racial 27 00:01:22,800 --> 00:01:26,800 Speaker 1: jerrymander because you're essentially using race as a proxy for partisanship. 28 00:01:27,319 --> 00:01:31,759 Speaker 1: And so, just because you are drawing districts that might 29 00:01:31,840 --> 00:01:35,000 Speaker 1: harm Democrats by packing them together doesn't get you out 30 00:01:35,000 --> 00:01:37,279 Speaker 1: of the fact that race and party are so highly 31 00:01:37,319 --> 00:01:40,600 Speaker 1: correlated in North Carolina in that district that it still 32 00:01:40,680 --> 00:01:43,440 Speaker 1: runs a file of the constance. And what in all that, Nate, 33 00:01:43,520 --> 00:01:47,160 Speaker 1: would you pick out as the most important or most 34 00:01:47,240 --> 00:01:51,360 Speaker 1: surprising part of this ruling? As you suggested, one of 35 00:01:51,400 --> 00:01:53,960 Speaker 1: the more interesting UH facts of this case is the 36 00:01:54,080 --> 00:01:57,480 Speaker 1: final vote on District twelve. That just Justice Laurence Thomas, 37 00:01:57,680 --> 00:02:01,880 Speaker 1: is generally pretty conservative on constitutional questions, joined with the 38 00:02:02,000 --> 00:02:05,480 Speaker 1: four more liberal justices to strike down District twelve. And 39 00:02:05,520 --> 00:02:08,720 Speaker 1: it shows you a kind of strange bedfellows in cases 40 00:02:08,760 --> 00:02:12,399 Speaker 1: like this, we're Justice Thomas, who advocates a color blindness 41 00:02:12,440 --> 00:02:15,600 Speaker 1: approach to redistricting and other kinds of government action, whereas 42 00:02:15,639 --> 00:02:19,160 Speaker 1: the Democrats are the more liberal justices on the on 43 00:02:19,240 --> 00:02:24,840 Speaker 1: the Court were um offended by the district because it's 44 00:02:24,880 --> 00:02:28,600 Speaker 1: sort of discriminated against African Americans by packing them uh 45 00:02:28,919 --> 00:02:32,480 Speaker 1: in too high concentrations. And so that was I think 46 00:02:32,480 --> 00:02:35,400 Speaker 1: the most significant sort of fact about this case was 47 00:02:35,440 --> 00:02:39,040 Speaker 1: that you had the strange confluence of liberals and conservatives. 48 00:02:39,600 --> 00:02:42,400 Speaker 1: That name for Silly a professor at Stanford University Law 49 00:02:42,440 --> 00:02:45,040 Speaker 1: School speaking with Bloomberg Law host Greg Store and you 50 00:02:45,040 --> 00:02:47,320 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 51 00:02:47,360 --> 00:02:50,239 Speaker 1: Street time here on Bloomberg Radio. And you can find 52 00:02:50,280 --> 00:02:53,000 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 53 00:02:53,040 --> 00:02:56,120 Speaker 1: BNA dot com. Attorneys will find exceptional legal research and 54 00:02:56,200 --> 00:02:59,400 Speaker 1: business development tools there as well. 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