What hidden evidence must plaintiffs now uncover to prove intentional vote dilution under the strict new judicial framework?

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Plaintiffs now must uncover evidence that supports a strong inference of present-day intentional racial discrimination by mapmakers, not just proof that Black voters were harmed in practice. That means showing something close to purpose: internal records, draft maps, emails, text messages, legislative testimony, meeting notes, or contemporaneous statements indicating lawmakers chose district lines because of their effect on Black voting strength. Courts are also likely to look for departures from normal redistricting practice, unusual map changes, shifting explanations, or evidence that stated neutral reasons were pretextual. Just as important, plaintiffs must separate race from politics. Under the new framework, it is no longer enough to show that Black-preferred candidates usually lose or that voting is polarized. They must show that polarization is driven by race rather than mere partisan affiliation, and that lawmakers were not simply pursuing otherwise lawful political goals. Plaintiffs also face a map-drawing burden of their own. Their proposed alternative districts must satisfy the state’s legitimate redistricting criteria at least as well as the enacted map, such as compactness, contiguity, preservation of counties or communities of interest, and other neutral rules. If the state can plausibly argue its choices were based on those criteria, plaintiffs must produce evidence that those explanations mask intentional discrimination. In practical terms, the “hidden eviden…

11th Circuit Revives Georgia 2021 Maps as Supreme Court Tightens Redistricting Test

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11th Circuit Revives Georgia 2021 Maps as Supreme Court Tightens Redistricting Test

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