RICHARD EPSTEIN: Wanted: A Color-Blind Voting Rights Law. “What is clear, regrettably clear, is that maximizing black representation upsets the overall political configuration. The creation of more majority-minority districts will move the representatives of those districts to the left, given the strong level of black support for the Democratic Party. By the same token, the remaining majority-majority districts will become more conservative as their candidates for office need not worry about the political preferences of non-members. Looked at in the round, race-conscious rules in drawing district lines lead to increased polarization of politics. It is hard to see why the Equal Protection Clause requires this divisive form of politics.”
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