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

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62aAppendix D<strong>the</strong> way in which <strong>the</strong> voter votes.” Gingles, 478 U.S. at53 n. 21, 106 S.Ct. 2752 (internal citations and quotationsomitted). Legally significant racially polarized votingexists when <strong>the</strong> minority group is politically cohesiveand <strong>the</strong> majority votes sufficiently as a bloc <strong>to</strong> enable it<strong>to</strong> usually defeat <strong>the</strong> minority-preferred choice. Id. at 56,106 S.Ct. 2752. The <strong>Court</strong> concludes that racially polarizedvoting is clear in Irving in <strong>the</strong> three elections analyzed,based on <strong>the</strong> pattern of Hispanic voters consistentlypreferring <strong>the</strong> Hispanic candidate, non-Hispanic voterspreferring <strong>the</strong> non-Hispanic candidate, and non-Hispanicvoters ve<strong>to</strong>ing Hispanic preferences. 14 (Trial Tr. vol. 1,216-17, Feb. 17.)1. Political Cohesion of Hispanic VotersThe second Gingles precondition requires thatPlaintiff demonstrate that Hispanics in Irving are14. Having established <strong>the</strong> three Gingles fac<strong>to</strong>rs, Plaintiffhas standing <strong>to</strong> bring this action: he is a minority voter whoresides within a proposed district in which <strong>the</strong> minority groupis sufficiently large and geographically compact <strong>to</strong> constitutea majority in a single-member district, and voting is raciallypolarized. Thus, he has been affected “in a personal and individualway,” he has demonstrated “a causal connection between <strong>the</strong> injuryand <strong>the</strong> conduct complained of,” and it is likely “that <strong>the</strong> injurywill be redressed by a favorable decision.” Lujan v. Defenders ofWildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351(1992) (setting forth <strong>the</strong> required elements for standing); see alsoSalas v. Sw. Texas Junior Coll. Dist., 964 F.2d 1542, 1554 (5thCir.1992) (stating that <strong>the</strong> Gingles analysis “is an inquiry in<strong>to</strong>causation-whe<strong>the</strong>r <strong>the</strong> given elec<strong>to</strong>ral practice is responsible forplaintiffs’ inability <strong>to</strong> elect <strong>the</strong>ir preferred representatives”).

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