Legislative redistricting is usually performed by state legislatures, which usually do not create a contemporary record of their every move during that process. But here the Commission did create such a record: every decision they made, every word they spoke, was recorded in real time in a body of transcripts that runs some 10,000 pages. In that respect the record here is unique among redistricting cases litigated in federal court. That record makes clear that the commissioners relied heavily on their experts’ advice, particularly with regard to compliance with the federal Voting Rights Act, 52 U.S.C. § 10301. And the record shows, overwhelmingly, that those experts—Adelson, especially—expressly told the commissioners, scores if not hundreds of times, to sort Detroit-area voters into different districts on the basis of race.
Specifically, Adelson and Pastula told the commissioners that, to comply with the VotingRights Act (“VRA”), they must limit the “black voting age population”—known as “BVAP” inredistricting jargon—to approximately 35-45%. That proposition is without support in theSupreme Court’s VRA caselaw. Yet the record further shows that the commissioners did as their experts said—with great difficulty, and misgivings throughout, and over the vociferous objections of Detroit residents at the time—so that, in the end, the Commission limited the percentages of black voters, in the districts at issue here, to the racial targets their experts had given them. And so—in a city whose African-American population is almost 80%—the BVAPs of every Detroit-area district here, with one exception, fell within 35-45%. The exception was Senate District 11, which has a BVAP of 19.19%; but the record shows that most of the African-American voters in that district were put there to lower the BVAP of an adjacent district to the target range.
The record here shows overwhelmingly—indeed, inescapably—that the Commission drew the boundaries of plaintiffs’ districts predominantly on the basis of race. We hold that those districts were drawn in violation of the Equal Protection Clause of the U.S. Constitution.