The Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court

By Christopher M. Burke | Go to book overview

Notes

INTRODUCTION
1.
Bush v. Vera, 1996 U.S. LEXIS 3882; Shaw v. Reno, 125 L.Ed.2d 511, 113 S.Ct. 2831 ( 1993) ( Shaw I); Shaw v. Hunt, 1996 U.S. LEXIS 3880 ( Shaw I); Abrams v. Johnson, 1997 WL 331802; Miller v. Johnson, 132 L.Ed.2d 762, 1995 U.S. LEXIS 4462.
2.
Baker v. Carr, 369 U.S. 186 ( 1962); Wesberry v. Sanders, 376 U.S. 1 ( 1963); Reynolds v. Sims, 84 S.Ct. 1362 ( 1964).
3.
Most notably, Shaw v. Reno.
4.
Hannah Pitkin, The Concept of Representation ( Berkeley: University of California Press, 1967).
5.
As I explain in more detail later, I use the term "race-conscious communitarian" to refer to those theorists who adopt a communitarian framework informed by sociopolitical inequalities among races.
6.
There is no metalanguage by which to ground theories of representation, much less constitute fair representation. A metalanguage, if there were one, would provide the lexicon to interpret a subordinate language perfectly. It would remove contingency from meaning. Such a language would be unrecognizeable.
7.
Of course, I consider and discuss cases prior to Reynolds v. Sims ( 1964), such as Baker v. Carr ( 1962) and Gomillion v. Lightfoot, 364 U.S. p 339 ( 1960), but close analysis of the actual language of the cases starts with Reynolds.
8.
Communitarians, civic republicans, and other critics of liberalism like Cass Sunstein, William Galston, Lani Guinier, and Frank Michelman tend to assume or articulate a left-leaning and progressive good. I argue that communitarian programs misjudge the extent to which the notion of the good, usually cast as a multicultural, inclusive, and tolerant political community, is possible or even universal. See Sunstein, The Partial Constitution ( Cambridge, Mass.: Harvard University Press, 1993); Galston, Goods, Virtues and Diversity in the Liberal State ( Cambridge, Mass.: Cambridge University Press, 1992); Guinier, The Tyranny of the Majority ( New York: Free Press, 1994); and Michelman, "Law's Republic", 97 Yale Law Journal1493 ( 1988).
9.
Voinovich v. Quilter, 113 S-Ct. 1149 ( 1993).
10.
For instance, many parts of the South are covered by the nonretrogression

-149-

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