Minority Districts

Last month I wrote about a Democratic, white, congressional candidate who was being criticized because he was competing in an historically black Brooklyn district. (The 11th district primary in New York is Sept. 12.) I raised the point about whether blacks office holders in Virginia’s General Assembly might agree to some redistricting that would make their seats less safe (but by no means make them underdogs) in exchange for making other seats that are now reliably Republican more competitive for Democrats.

In the current issue of Democratic Strategist, that topic is covered, with similar questions being asked.

Regardless of their race or the racial composition of their districts, far too many Democrats in the U.S. House are representing too-safe districts, a reality which prevents the party from maximizing its House seat share. The "unholy alliance" forged between Republicans and minority Democrats led to the election of more CBC and CHC members to Congress, but also more Republicans. As well, many white Democrats enjoy unusual electoral security. A new alliance between white and minority Democrats must be forged, with the goal of redrawing the 2012 maps to enable Democrats to recapture-or, if already recaptured, retain-a House majority.

…[I]n Georgia, for example, where the congressional delegation in 1990 had eight white Democrats, one black Democrat, and one Newt Gingrich, after redistricting, there were three black Democrats and eight Newt Gingrich clones. Since the white Dems had to pay close attention to their black constituents prior to redistricting, while the Gingrichites did not afterwards, are African-Americans better represented under this arrangement? Maybe, maybe not -- it depends how important you think it is to have a person of the same race representing you in Washington, as opposed to someone who needs to pay attention to you.

…Rep. John Lewis, who holds that one Atlanta seat that has been African-American since Andrew Young won it in 1972, has been a leader in making the point that if Congress is led by a majority that is hostile to African-Americans, it really doesn't matter if they have a handful more members of the minority caucus.

This is a discussion that needs to happen in Virginia. I don’t know that there are black districts that can be safely gerrymandered to protect both the incumbent and add a competitive district for another Democrat. But it’s worth a look. With the inordinate power the House Black Caucus seems to hold over the leadership, it will be a challenge to even bring up the question.

After a trip to the woodshed, I've learned that black members of the Virginia General Assembly have opposed “packed” minority districts as a dilution of minority voting rights. From a brief supporting a challenge to the state’s 2001 redistricting plan, the implication drawn (see comments) is that they (today, all are Democrats) would welcome redistricting that would dilute the number of black voters in their districts. If that implication is correct, it bodes well for the next redistricting, assuming Democrats have greater input into the process than they had in the last one and that redrawn districts would increase the chances of more Democrats being elected.

Comments

[Claire Gastanaga]

The members of the Virginia Legislative Black Caucus are so far ahead of you that they can't see you in their rear view mirrors.

They (and Bobby Scott for his part) argued actively in 2001-2002, during consideration of the Republican drawn state and federal legislative packing plans (so-called redistricting plans) exactly what you are advocating be "discussed" now, i.e., not only did they not need super-majority districts to win, they thought that such "packed" districts were and are an unconstitutional dilution of minority voting strength.

You can read the transcripts of the legislative redistricting hearings or the floor debates to find out more or review the amicus brief filed by the Virginia Legislative Black Caucus in the VA Supreme Court which is available at http://dlsgis.state.va.us/ref/AmicusBrief-BlackCaucusGuthrieVersion.doc

Some excerpts from the amicus brief:

"In fulfilling its proper role as the reviewing authority, this Court should be ever mindful of Virginia’s history of overt, substantial and sometimes violent discrimination against minority voters, and it should be exceptionally vigilant in ensuring that the 2001 redistricting plans are not used to continue this historical pattern. This Court must not, however, allow the Commonwealth’s disturbing history to be used cynically to justify the drawing of lines that purport to address past wrongs while, in fact, assuring the continued marginalization of minority voters over the next decade and the illegal dilution of growing minority influence in districts neighboring and surrounding the current majority-minority districts."

"Virginia’s responsibility to comply with the federal Voting Rights Act compels the consideration of race in drawing district lines to the extent necessary to avoid any retrogression or dilution in minority voting power and to preserve the seventeen majority-minority districts that have been in place since 1991. This is particularly important where, as is the case in Virginia, the current percentage of majority-minority districts (12%) is not proportional to the minority population in the state which is now more than 25%. This responsibility to meet the requirements of the Voting Rights Act does not, however, require or authorize the use of race to go beyond what is required to afford minority voters a reasonable and fair opportunity to elect candidates of their choosing."

"The evidence in this case establishes beyond doubt that the challenged redistricting plans are not narrowly tailored to achieve any compelling governmental interest and that they go beyond what is required to protect the voting rights and political influence of minority voters in the seventeen current majority-minority districts. More importantly, the evidence shows that the plans actually harm the interests of minority voters while protecting the incumbency of white legislators in the neighboring districts from which the minority voters have been removed. The overall effect of these decisions is to freeze minority political influence at 2001 levels for at least the next ten years."

...

"Because race was the predominant factor in crafting the plans and because the 2001 redistricting plans are not “narrowly tailored” to fulfill the actual obligations that the Commonwealth has to comply with federal law, they are and must be declared unconstitutional under the anti-discrimination provision of the state constitution."

The lesson here is get educated first; opine second.

Claire

Full disclosure: I was proud to serve as legislative redistricting counsel for the Joint House and Senate Democratic Caucus in 2001 and as counsel for
the Virginia Legislative Black Caucus in its role as amicus in the appeal in Gilmore v. West, the case challenging the 2001 state redistricting plan.

[Bob]

Kris, you've misinterpreted my post. I did not mean to imply that the Black caucus is opposed to redrawing districts, and I don't think that is what I said. I said it should be discussed. I have no reason to think the Black Caucus would be opposed to this, although it's certainly understandable if any incumbent would look out for number one. To the contrary, I worry that the BC isn't given due credit for its willingness to do what's best for the party.

[Kris Amundson]

Bob, this is a disappointing post. You are implying some things about the Black Caucus that are simply not true.

Here's my recollection of what took place in 2001, and I was, among other things, on the infamous eavesdropped phone call.

You may recall that members of the Black Caucus, like other Democrats, had absolutely zip to say about their districts in that redistricting. It was done behind closed doors with Republican members of the House and Senate. (I am told that staff from the RNC came down to help draw the lines, but I do not know that for a fact.)

Black Caucus members did join with the Democratic Caucus in suing to overturn the entire redistricting. In fact, Sen. Henry Marsh played an integral role in helping shape our objections to the map. Black Caucus members did NOT want the "packed" districts that they have today.

Black Caucus members who have served a long time would be in line to be chairs of some MAJOR committees if the Democrats took over. Trust me, Black Caucus members want to elect more Democrats as much as any members of our Caucus.

[Vivian J. Paige]

I'm beginning to think it may be a good idea to look at this in Virginia. It seems that we are not getting any more black representation so why not see if we can increaseDemocratic representation?