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

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34aAppendix DDr. Rives attempts <strong>to</strong> refute Mr. Ely’s <strong>the</strong>ory byarguing without support that <strong>the</strong> numbers are merely“fortui<strong>to</strong>us,” and that considerations such as migration,naturalization, mortality, and immigration dictate that<strong>the</strong> aging of Hispanic children cannot be counted upon<strong>to</strong> raise <strong>the</strong> rate of citizenship among Hispanic adults.(Trial Tr. vol. 1, 45, Feb. 19; Defs.’ Ex. 5, at 6.) While o<strong>the</strong>rdemographic changes are undoubtedly at play, <strong>the</strong> <strong>Court</strong>finds Mr. Ely’s explanations credible, and finds that <strong>the</strong>increase in HCVAP reflected in <strong>the</strong> estimates for Mr. Ely’svarious illustrative districts may plausibly be accountedfor by fac<strong>to</strong>rs o<strong>the</strong>r than significant growth in <strong>the</strong> <strong>to</strong>talpopulation-including <strong>the</strong> aging of Hispanic citizens under18 years of age.f. City-wide Growth RatesDr. Rives also argues on a more general level thatapplying city-wide growth rates <strong>to</strong> illustrative districts isnot a reasonable assumption. (Defs.’ Ex. 4, at 10.) Growthrates for local areas change over time. (Id.) Mr. Ely agreesthat population growth across <strong>the</strong> City’s districts hasprobably not been uniform, but states that he relies onthis assumption because <strong>the</strong>re’s no evidence available as<strong>to</strong> how growth in population has varied across districts.In his opinion, it is reasonable <strong>to</strong> believe that <strong>the</strong> citywidedemographic changes relating <strong>to</strong> <strong>the</strong> Hispanic andnon-Hispanic population were probably shared in by <strong>the</strong>area that has <strong>the</strong> most significant Hispanic population.(Trial Tr. vol. 1, 25, Feb. 20.) The <strong>Court</strong> concludes that<strong>the</strong> assumptions made by Mr. Ely are reasonable, <strong>to</strong> <strong>the</strong>extent that growth in HCVAP is likely <strong>to</strong> be equal <strong>to</strong> (or

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