This Note explores the crossroads of the Voting Rights Act of 1965, redistricting, strict scrutiny, the colorblind ideal, and racial proxies. Although better than total rejection of race as a consideration in redistricting, racial proxies are not good enough. The unattained colorblind ideal should not be treated as if it were reality. We are not yet a colorblind society and are likely a long way from it. Race awareness does have a part to play in building America into the Court's dream utopia that eventually becomes colorblind. Racial proxies only prompt states to pretend that race is not a factor - encouraging false colorblindness and promoting a semantic differentiation to justify the end result of majority-minority districting. States should be allowed to increase minority representation out in the open, instead of hiding under the guise of a proxy. The Court should drop the pretext of stare decisis and recognize that it has made a mistake in establishing strict scrutiny of beneficial racial classifications, especially in the voting rights context.
Michelle E. O'Connor-Ratcliff,
Colorblind Redistricting: Racial Proxies as a Solution to the Court's Voting Rights Act Quandry,
29 Hastings Const. L.Q. 61
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol29/iss1/2