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We the People

Will the Supreme Court Strike Down South Carolina’s Voting Map?

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 12 October 2023

⏱️ 55 minutes

🧾️ Download transcript

Summary

In its most recent round of redistricting, the South Carolina legislature changed the demographic of a congressional district, resulting in a number of Black voters being moved to a different district. Challengers argued that the state violated the 14th Amendment by unlawfully racially gerrymandering the district; while lawmakers countered that political, not racial, factors motivated the redistricting. Election law experts Rick Hasen of UCLA Law and Jason Torchinsky of the Holtzman Vogel law firm, join National Constitution Center President and CEO Jeffrey Rosen to break down this week’s oral arguments in the case, discuss the claims being made, and how the Court might evaluate them. Resources: Alexander v. South Carolina NAACP (oral argument audio / transcript) Brief of Amicus Curae Nancy Mace, et al, in support of appellants (Jason Torchinsky, counsel of record) Brief of Amicus Curae the National Republican Redistricting Trust in support of appellants (Holtzman Vogel, counsel of record) “The Supreme Court upholds the provision prohibiting racial gerrymandering,”NPR Interview with Richard Hasen (June 2023) Richard Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (forthcoming 2024) “Redistricting in Alabama and the Voting Rights Act—Part 2,” We the People podcast (Oct. 2022) “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA,” We the People podcast (June 2023) Questions or comments about the show? Email us at [email protected]. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0

In its most recent round of redistricting, the South Carolina legislature changed the population in a congressional district, resulting in a number of black voters being moved to a different district.

0:11.0

Challengers argue that the state violated the 14th Amendment

0:14.4

by unlawfully engaging in a racial gerrymander.

0:17.8

Lawmakers counter that political, not racial factors,

0:20.8

motivated redistricting. Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution

0:29.2

Center and welcome to We The People, a weekly show of constitutional debate.

0:33.6

The National Constitution Centers is a nonpartisan nonprofit chartered by Congress to increase awareness

0:38.8

and understanding of the Constitution among the American people.

0:42.6

In this episode of We The People will break down the oral arguments in the case,

0:46.5

which were held this week, and we'll talk about how the court might resolve them.

0:51.0

Joining me to discuss this important question are two of America's voting rights experts.

0:58.4

UCLA law professor Rick Hassan and Jason Karchinsky of the Holtzman Vogel law firm.

1:04.3

Rick Hassan is an internationally recognized expert in election law

1:08.6

as well as legislation and statutory interpretation.

1:11.7

He's the author of the forthcoming book,

1:13.6

a real right to vote.

1:15.1

How a constitutional amendment can safeguard American democracy.

1:18.6

He's co-author of a leading case book

1:20.2

and election law and remedies,

1:21.6

serve as a CNN election law analyst and an

1:24.8

NBC analyst and directs UCLA laws safeguarding democracy project.

1:30.6

Rick it is always great to welcome you back to We The People.

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