1 00:00:00,040 --> 00:00:02,360 Speaker 1: Well, I was time for our daily Bloomberg Law Brief, 2 00:00:02,440 --> 00:00:06,000 Speaker 1: exploring legal issues in the news. Today, Bloomberg Law Hostum 3 00:00:06,040 --> 00:00:08,680 Speaker 1: Grosso and Greg's Store discuss a case heard before the 4 00:00:08,720 --> 00:00:11,720 Speaker 1: Supreme Court yesterday which deals with the question of racial 5 00:00:11,760 --> 00:00:15,080 Speaker 1: bias in redistricting. They speak with Naper silly Or, professor 6 00:00:15,120 --> 00:00:18,040 Speaker 1: at Stanford University, and Josh Douglas, a professor at the 7 00:00:18,120 --> 00:00:23,000 Speaker 1: University of Kentucky College of Law. Nate, will you explain 8 00:00:23,040 --> 00:00:27,120 Speaker 1: the competing considerations the legislators are supposed to take into 9 00:00:27,200 --> 00:00:32,559 Speaker 1: account with regard to race when redistricting. Well, legislators are 10 00:00:32,640 --> 00:00:35,880 Speaker 1: under sort of two legal obligations under federal law. One 11 00:00:35,960 --> 00:00:39,600 Speaker 1: is from the Voting Rights Act, the parts that still remain, 12 00:00:39,680 --> 00:00:42,280 Speaker 1: which says that you must make sure that minorities have 13 00:00:42,320 --> 00:00:45,400 Speaker 1: an equal opportunity to elect their can'ts of choice, and 14 00:00:45,440 --> 00:00:49,320 Speaker 1: that often means that in areas of high minority concentration, 15 00:00:49,400 --> 00:00:53,320 Speaker 1: you have to draw majority African American majority Latino districts. 16 00:00:53,479 --> 00:00:57,080 Speaker 1: At the same time, the Constitution prevents states from using 17 00:00:57,160 --> 00:00:59,680 Speaker 1: race too much. You can't use race as the predominant 18 00:00:59,720 --> 00:01:02,720 Speaker 1: fact during the construction of a district. And so these 19 00:01:02,760 --> 00:01:05,440 Speaker 1: cases are in part about how you uh, sort of 20 00:01:05,480 --> 00:01:07,800 Speaker 1: square that circle? How do you draw a districts that 21 00:01:07,840 --> 00:01:10,480 Speaker 1: comply with the Voting Rights Act but don't run a 22 00:01:10,520 --> 00:01:15,200 Speaker 1: foul of the Constitution. Josh, The dynamic in these cases 23 00:01:15,319 --> 00:01:17,800 Speaker 1: is very different than it was twenty or thirty years ago. 24 00:01:18,200 --> 00:01:20,000 Speaker 1: It used to be that what you would see would 25 00:01:20,000 --> 00:01:27,200 Speaker 1: be a minority group or or um uh, minority voters saying, uh, 26 00:01:27,280 --> 00:01:29,280 Speaker 1: you're not complying with that first thing that Nate was 27 00:01:29,280 --> 00:01:32,360 Speaker 1: talking about, the Voting Rights Act and not giving us 28 00:01:32,360 --> 00:01:36,440 Speaker 1: an opportunity to elect representatives of our choice. Now it 29 00:01:36,480 --> 00:01:40,280 Speaker 1: seems to be that the districts are they're saying, hey, 30 00:01:40,280 --> 00:01:44,360 Speaker 1: these districts have too many racial minorities in them, more 31 00:01:44,360 --> 00:01:47,880 Speaker 1: than we actually need. Can you explain why that that 32 00:01:47,920 --> 00:01:51,560 Speaker 1: evolution has taken place? Yeah, This is known as a 33 00:01:51,720 --> 00:01:55,960 Speaker 1: phenomenon of called cracking and packing. Uh. And the basic 34 00:01:56,080 --> 00:01:59,960 Speaker 1: purity is that and particularly what you mentioned putting almost 35 00:02:00,040 --> 00:02:03,320 Speaker 1: too many minorities in one district. There he goes that 36 00:02:03,360 --> 00:02:06,840 Speaker 1: if you put as many minorities as possible in one district, 37 00:02:06,880 --> 00:02:10,000 Speaker 1: they'll have a supermajority, which means they will not have 38 00:02:10,040 --> 00:02:12,760 Speaker 1: any influence in any of the surrounding districts, and so 39 00:02:12,800 --> 00:02:17,000 Speaker 1: you've packed them into one uh and made it easy, 40 00:02:17,240 --> 00:02:19,600 Speaker 1: extremely easy for them to win that one district, but 41 00:02:20,600 --> 00:02:22,720 Speaker 1: very difficult and impossible for them that them to have 42 00:02:22,760 --> 00:02:26,480 Speaker 1: an influence in the surrounding areas. And that's been one 43 00:02:26,880 --> 00:02:30,080 Speaker 1: tactic that some states have used, and some in course 44 00:02:30,120 --> 00:02:34,000 Speaker 1: have said that that's un awful. That's Josh Douglas, a 45 00:02:34,080 --> 00:02:36,799 Speaker 1: professor at the University of Kentucky College of Law, and 46 00:02:36,919 --> 00:02:40,320 Speaker 1: Nate for Silly, your professor at Stanford University, speaking with 47 00:02:40,320 --> 00:02:43,600 Speaker 1: Bloomberg lah Ho stoom Grasso, and Greg Stewart. You can 48 00:02:43,639 --> 00:02:46,360 Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street 49 00:02:46,400 --> 00:02:49,919 Speaker 1: Time here on Bloomberg Radio and Now. Among the top 50 00:02:50,000 --> 00:02:52,720 Speaker 1: legal stories from Bloomberg Law, call it a you snooze, 51 00:02:52,760 --> 00:02:55,360 Speaker 1: you lose decision. The Supreme Court won't hear a case 52 00:02:55,400 --> 00:02:58,800 Speaker 1: involving City Group workers who say they lost retirement savings 53 00:02:58,840 --> 00:03:01,880 Speaker 1: by investing in cities talk. Last May, a federal appeals 54 00:03:01,880 --> 00:03:04,919 Speaker 1: court projected the city workers suit. The court said they 55 00:03:04,960 --> 00:03:08,160 Speaker 1: waited too long to challenge losses tie the city's subprime 56 00:03:08,200 --> 00:03:11,400 Speaker 1: mortgage investments. The workers appealed, but the Supreme Court decided 57 00:03:11,440 --> 00:03:14,720 Speaker 1: not to take the case. And that's this morning's Bloomberg 58 00:03:14,800 --> 00:03:16,640 Speaker 1: Law Brie. If you can find more legal news at 59 00:03:16,680 --> 00:03:19,760 Speaker 1: Bloomberg law dot com and Bloomberg b NA dot com. 60 00:03:19,960 --> 00:03:23,359 Speaker 1: Attorneys will find exceptional legal research and business development tools 61 00:03:23,360 --> 00:03:26,560 Speaker 1: there as well. Visit Bloomberg law dot com and Bloomberg 62 00:03:26,639 --> 00:03:28,639 Speaker 1: BNA dot com for more information