Bethune-Hill v. Virginia Board of Elections Page 15

Bethune-Hill v. Virginia Board of Elections general information

Media for Bethune-Hill v. Virginia Board of Elections

Audio Transcription for Oral Argument - December 05, 2016 in Bethune-Hill v. Virginia Board of Elections

Mark E. Elias:

You can find it in the JA, because --

Stephen G. Breyer:

You called it to the attention --

Mark E. Elias:

-- we called it -- it was in our expert's report at -- at trial.

Point number one. Point number two, very quickly, this Court in Shaw v. Hunt specifically dealt with Justice Stevens' dissent, saying there should be an actual conflict test. And what this Court said is, in his dissent, Justice Stevens argues that strict scrutiny does not apply where the State respects or complies with traditional districting principles. That, however, is not the standard allowed -- announced and applied in Miller.

Shaw II resolved for -- for this three-judge court well before Alabama that an actual conflict test was not the law, and the district courts here simply -- simply ignored it.

John G. Roberts, Jr.:

Thank you, counsel. The case is submitted.