Virginia redistricting case presents Supreme Court with a mind-reading problem

December 08, 2016

Richmond Times-Dispatch

On Monday Justice Elena Kagan distilled the essence of the Supreme Court fightover Virginia’s legislative redistricting when she observed, “We know that race and politics correlate. If race is the motive, you get one result, and if politics is your motive, you get another.” For years the high court has insisted that while racial considerations may be, and in some cases must be, taken into account when drawing lines for legislative districts, they may not be the dominant factor