What's at Stake
Does the Constitution prohibit racial discrimination in redistricting regardless of the size of the group targeted by the state?
After the 2020 redistricting process, a Kansas trial court struck down Kansas’s congressional map on multiple grounds, including that it was enacted with racially discriminatory intent again voters of color. But the Kansas Supreme Court reversed that ruling, reasoning that minority voters in Kansas could not have been harmed because there are not enough of them to form the majority of a congressional district. In the Kansas Supreme Court’s view, the Constitution permits intentional racial discrimination against minority voters if those voters are relatively few in number.
The Kansas Supreme Court’s decision greenlights racial discrimination in redistricting wherever there are relatively few voters of color. We are asking the Supreme Court to review the decision because racial discrimination is unconstitutional regardless of the size of the group targeted. The case is brought on behalf of Kansas voters by the Campaign Legal Center, the ACLU of Kansas, the ACLU, and Arnold & Porter.
The Supreme Court denied our petition for a writ of certiorari on March 27, 2023.