San Francisco Chronicle

Supreme Court revives challenge by black voters

- By Mark Sherman Mark Sherman is an Associated Press writer.

WASHINGTON — The Supreme Court gave new life Wednesday to a challenge by African Americans in Virginia who say lawmakers packed some legislativ­e districts with black voters to make other districts whiter and more Republican.

The justices tossed out the part of a lower court ruling that upheld 11 districts in which African Americans made up at least 55 percent of eligible voters.

Justice Anthony Kennedy said in his majority opinion that the three-judge federal court used the wrong legal standard when it determined that race did not play too large a role in creating the 11 districts.

The high court upheld one challenged district in which the lower court found that race was an important factor and that lawmakers were justified in considerin­g race.

For all the districts at issue, the state argued that the 55 percent threshold was necessary so that minority voters could elect a candidate of their choice, an important considerat­ion under the federal Voting Rights Act. The black voters who sued over the state’s 2011 redistrict­ing plan argued that it diluted the voting power of African Americans.

Virginia Gov. Terry McAuliffe, who took office after the redistrict­ing and backed the lawsuit, said the decision is a “victory for democracy in Virginia,” according to McAuliffe spokesman Brian Coy.

“The governor has long believed that Virginia’s legislativ­e lines are unconstitu­tionally racially gerrymande­red,” Coy said.

Marc Elias, the lawyer for the Virginia voters, said the ruling was a big win because it establishe­d that states could employ traditiona­l principles of redistrict­ing that include geographic­ally compact districts and still be open to a challenge that they engaged in racial gerrymande­ring.

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