American Constitutionalism in Historical Perspective (packet)

Overruling Metro Broadcasting v. FCC: now need to find a least restrictive alternative

Affirming Croson and Fullilove if viewed as a strict scrutiny case.

Dissent: Stevens p. 755: this is mistake, need distinction in standard of review when majority imposes burden verses when it imposes benefit on minority

Race pref in electoral districting: 1965 VRA put fed structure to enforce AA voting rts so in all So. elections had fed examiners. Issue is preclearance reqs & voter dilution where concern that when redraw districts were disenfranchising AA. AA c/n elect an AA or someone sympathetic to their interests.

1. 
   Shaw v. Reno (1993) p. 759: skepticism about racial classifications which extends to voting rts. O’Connor: district boundary lines were dramatically irregular shaped which constituted an unconstitutional racial gerrymander. No other legit redistricting motivation aside from race. Applies strict scrutiny and need objective factors to justify.
   
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      Equal protection clause overrides VRA of 1965. Like Gomillion where implied purposeful discrimination but here in favor of minority instead of majority. No diff b/w invidious and benign classifications—sees it as all invidious.
      
   2. 
      Dissent: accepts strict scrutiny, but VRA is compelling state interest and so redrawing of district meets this narrowly. Not distinct from UJO. (White) p. 763: districting always involves race consideration, s/n use strict scrutiny b/c no one is being disenfranchised, just ensuring fair rep thru Voting Rts Act (Souter)
      
2. 
   Miller v. Johnson: (1995) p. 763 Kennedy: GA’s redistricting unconst under strict scrutiny not on the aesthetics of how districts look but concerned that racial concerns have dominated over tradit reasons for drawing districts. Bizarrely shaped district is not a prereq for unconst districting.
   
3. 
   Bush v. Vera p. 765: P must prove that other legit districting principles were subordinated to race for strict scrutiny to apply. Continue to find race dominant here.
   
4. 
   Hunt v. Cromartie (1999) p. 768: upheld No. Carolina districting and found that the legislature’s motive was predominantly political not racial.
   

4. 
   Gender as a Suspect Classification (pp. 681-720)
   
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