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The Supreme Court has announced that it will hear oral arguments in a high-stakes South Carolina redistricting case, where the NAACP has challenged the state’s Republican-drawn plan, alleging racial motivation. This case is expected to put a spotlight on the influential role of U.S. Representative James Clyburn, a Democrat, as legal experts anticipate his involvement to be a significant factor in the discussions.
In 2021, South Carolina Republicans made significant changes to the voting map, transforming a previously Democratic-held district into a safer seat for the incumbent Republican. The NAACP filed a lawsuit against this redistricting effort, and in January, a panel of three judges appointed by Democrats ruled in favor of the NAACP’s claims.
The Supreme Court now faces the decision of whether to restore the Republican-drawn map or instruct the legislature to create a new one. This case comes in the wake of recent Supreme Court rulings that have eased restrictions on partisan gerrymandering, though the court still considers redistricting primarily based on race to be unlawful. Experts suggest that this South Carolina case will play a crucial role in defining the limits of race considerations in the redistricting process.
South Carolina Republicans have defended their redistricting efforts, asserting that they were not intended to diminish Black political power in the state. During the trial, attorneys representing the state’s Republican leaders argued that race was not a factor in their map-drawing decisions. Furthermore, they contended that their map could not have targeted Black voters, as they had collaborated with Clyburn, a prominent Black Democrat and one of the most influential in the country.
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Recently, additional details emerged regarding Clyburn’s involvement in the process. ProPublica reported that Clyburn had played a more significant role than previously known, recommending changes that would politically benefit his district but potentially harm Black Democrats. Legal experts suggest that Clyburn’s role will be crucial for the court to consider.
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Experts predict that the court will delve into the specifics of the South Carolina redistricting process, including Clyburn’s involvement, as they determine whether racial or partisan factors predominantly influenced the district’s design. Clyburn’s recommendations on how his district should be redrawn are seen as “potentially relevant” in evaluating the three-judge panel’s decision that the Republican-led legislature primarily used race in creating the maps.
Evidence presented during the trial revealed that, despite holding no official role in redistricting, Clyburn submitted a confidential hand-drawn map that Republican lawmakers used as a starting point. None of Clyburn’s requests were made public. His recommendations aimed to move around 85,000 individuals into the predominantly Black 6th District to address a population deficit. Additionally, his map relocated some white Republican-leaning residents out of his district into the 1st District, represented by Republican Nancy Mace. The redistricting plan aimed for each of the state’s seven congressional districts to represent an equal population of 731,203 people.
Clyburn’s office declined to answer specific questions regarding his recommendations but stated that his only input was in response to legislative inquiries. Clyburn mentioned in an interview that he did not achieve everything he desired in the plan passed by the legislature, particularly due to the reduction of the Black voting-age population in his district to below 50%. Maintaining a majority-Black district had been a priority for Clyburn, who has been a prominent Democratic figure since his election in 1992.
Clyburn’s office confirmed his opposition to the Republican-drawn map and hoped the three-judge panel’s decision would be upheld.
Apart from this South Carolina case, the Supreme Court has pending decisions on other significant redistricting cases, including a racial gerrymandering case in Alabama that examines whether state legislatures with high Black populations are obliged to draw more majority Black districts.
Legal experts note that the Supreme Court typically accepts findings of fact from a three-judge panel unless they are deemed “clearly erroneous.” In such cases, the court conducts a more in-depth review of the court record and questions involved parties during oral arguments.
Joshua Douglas, an expert in election law and voting rights, highlights the significance of the South Carolina case as it involves the intersection of race and politics. He suggests that while the legislature claims to have pursued partisan objectives rather than racial ones, the court has previously stated that a legislature cannot justify a racial gerrymander by hiding behind political motives. Consequently, this case may prompt the court to reevaluate that rule.
Given the potential need for new maps resulting from this case, Republican lawyers have requested an expedited decision from the Supreme Court. The outcome could impact congressional races in 2024, adding further significance to the court’s forthcoming ruling.
