In Shaw v. Reno, the Supreme Court
recognized a new, analytically distinct cause of action under the Equal
Protection Clause of the Fourteenth Amendment to address legislative
redistricting plans that impermissibly relied on racial criteria in
constructing district boundaries. Twenty-five years after the creation of the Shaw claim, the Supreme Court still
struggles to clearly articulate the harm resulting from the use of race in
redistricting; to establish criteria for determining when a viable Shaw claim exists; and to resolve the
complex interplay of race and politics upon which the Shaw claim often rises and falls. This session will discuss these
issues and others, by focusing on the controversial legacy of Shaw v. Reno and also by charting a path
forward.
Papers from this
program will be published in The Election Law Journal.
Business
meeting at program conclusion.