10.07.2015 Views

petitioned the U.S. Supreme Court to grant ... - Election Law Blog

petitioned the U.S. Supreme Court to grant ... - Election Law Blog

petitioned the U.S. Supreme Court to grant ... - Election Law Blog

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

55aAppendix D478 U.S. at 57, 106 S.Ct. 2752). In <strong>the</strong> case of Mr. Dickens,such special circumstances existed-<strong>the</strong> absence of anopponent, incumbency, and Mr. Dickens’ Anglo name. Asstated in <strong>the</strong> Senate Report, here <strong>the</strong> <strong>Court</strong> concludesthat <strong>the</strong> election of one minority candidate does not“necessarily foreclose <strong>the</strong> possibility of dilution of <strong>the</strong>[minority] vote, in violation of this section ...” S.Rep. No.97-417, at 29 n. 115 (1982), reprinted in 1982 U.S.C.C.A.N.177, 207.IV. CONCLUSIONS OF LAWA. Gingles IThe first Gingles precondition requires that a plaintiffchallenging an at-large election scheme demonstratethat <strong>the</strong> minority group is “sufficiently large andgeographically compact <strong>to</strong> constitute a majority in a singlemember district.” Gingles, 478 U.S. at 50, 106 S.Ct. 2752.Here, Plaintiff has shown that Hispanics are sufficientlygeographically compact and numerous in Irving that anillustrative district can be drawn that has a Hispanicmajority of eligible voters and, <strong>the</strong>refore, Plaintiff hassatisfied part one of <strong>the</strong> Gingles threshold test.1. HCVAP Majority Illustrative DistrictsTo satisfy Gingles I, a plaintiff must show that it ispossible <strong>to</strong> draw an election district of an appropriatesize and shape where <strong>the</strong> CVAP of <strong>the</strong> minority groupexceeds 50% of <strong>the</strong> relevant population in <strong>the</strong> illustrativedistrict. Bartlett v. Strickland, --- U.S. ----, 129 S.Ct.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!