ARTICLE: EQUAL OPPORTUNITIES DO NOT ALWAYS EQUATE TO EQUAL REPRESENTATION: HOW BARTLETT V. STRICKLAND IS A REGRESSION IN THE FACE OF THE ONGOING CIVIL RIGHTS MOVEMENT Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2009 North Carolina Central University School of Law
North Carolina Central Law Review

ARTICLE: EQUAL OPPORTUNITIES DO NOT ALWAYS EQUATE TO EQUAL REPRESENTATION: HOW BARTLETT V. STRICKLAND IS A REGRESSION IN THE FACE OF THE ONGOING CIVIL RIGHTS MOVEMENT

2009

NORTH CAROLINA CENTRAL LAW REVIEW

32 N.C. Cent. L. Rev. 102

Author

Brandon Roseman*

Excerpt



Introduction
 
The Voting Rights Act of 1965 1 ("V.R.A.") was established in an effort to guarantee minorities their right to have adequate representation in government. 2 The Constitution guarantees a republican form of government. However, equal representation and the right to vote are not always synonymous. 3 The United States Supreme Court's ("Supreme Court") recent decision in Bartlett v. Strickland changes the prior interpretation of 2 of the V.R.A., by clarifying and limiting the threshold test previously established in Gingles v. Thornburg. 4 Prior to this decision, the Supreme Court had not applied Gingles to mechanically foreclose 2 protection to minority crossover and influence districts who asserted claims of dilution. 5 The Bartlett decision changes the law in two ways. 6 First, it interpreted and established a rigid 50% population threshold test for minority communities who seek to bring a claim of vote dilution under 2 of the V.R.A. 7 Second, since the state-official defendants used 2 as a defense, the holding effectively changes North Carolina ("N.C.") law. 8 The holding prohibits the N.C. legislature from drawing districts in a manner that would allow minorities from surrounding district areas to collectively vote to elect a candidate of their choice. 9

In effect, the Bartlett decision means that minorities in voting districts, where their prospective population constitutes less than 50% of the total population, are not entitled to protection under the V.R.A. as a minority opportunity district. 10 The Supreme Court also affirmed that the ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities