Calculated Discrimination: Exposing Racial Gerrymandering Using Computational Methods

نویسندگان

چکیده

In Rucho v. Common Cause, the Supreme Court held that challenges to partisan gerrymanders presented a nonjusticiable political question. This decision threatened discard decades of work by scientists and other experts, who had developed myriad techniques designed help courts objectively unambiguously identify excessively district maps. Simulated redistricting promised be one most effective these techniques. algorithms are computer programs capable generating thousands election-district maps, each which conforms set permissible criteria determined relevant state legislature. By measuring lean both automatically generated maps map put forth legislature, court could determine how much this bias was attributable deliberate actions rather than natural distribution state’s population.Rucho ended gerrymandering brought under U.S. Constitution—but it need not close book on simulated redistricting. Although originally combat gerrymanders, can repurposed intentional racial gerrymanders. Instead gauge improper considerations evident in legislature’s plan demonstrate discriminatory intent produced such an outcome. As long as process remains hands legislatures, there is threat constitutionally impermissible will employed when drawing plans. provides powerful tool with detect hidden unconstitutional motive process.

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ژورنال

عنوان ژورنال: The Columbia science and technology law review

سال: 2021

ISSN: ['1938-0976']

DOI: https://doi.org/10.52214/stlr.v22i2.8669