Virginia House of Delegates v. Bethune-Hill (18-281)

argument 18-281

Virginia House of Delegates v. Bethune-Hill

Supreme Court of the United States 1h 1m 6 speakers 8 chapters transcribed 7 days ago official recording ↗

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What is the background and significance of Virginia’s 2011 redistricting plan?

John G. Roberts 0:00

We'll hear argument first this morning in case eighteen two hundred and eighty one, the Virginia House of Delegates versus Bethune Hill.

Elena Kagan 0:07

Mr. Clement? Mr Chief Justice, and may it please the court. In 2011, the Virginia House of Delegates formulated a redistricting plan that garnered overwhelming bipartisan support and swift preclearance by the Justice Department. That plan has governed the first four election cycles of the decade and delivered on its promise to provide African American voters with the ability to elect their candidates of choice in twelve districts that everybody agreed should be. Majority-minority districts. The basic choice before for this court will be whether that plan, duly enacted by the people of Virginia, the planet. will govern this last election of the decade, or if instead there will be a court imposed plan formulated by a special master from out of state.

Elena Kagan 0:54

Now, the Virginia Attorney General, for his part, would impose the court ordered plan on the people of Virginia on the theory that the House of Delegates lacks appellate standing to appeal. That argument is deeply flawed and has enormous consequences that go well beyond this case, but would be a particularly problematic feature in the all too often context where there is an impasse between the legislative branch and the executive branch, and there has to be a court ordered plan, and the legislative branch and the executive branch are often adverse in that litigation over the court ordered plan.

Unknown 1:28

Here it isn't even the legislative branch. It's one house of the legislature.

Elena Kagan 1:37

That's right, Justice Ginsburg, but I think particularly when you understand that the law at issue here has its object, one branch of the Legislature, one house of the Legislature, the House of Delegates, that that's exactly the right party to bring this particular uh case. It is not a law that belongs to the one branch. It had to be approved by the Senate and signed by the Governor. And survive of Uh a veto by the governor if he or she chooses. So it's really a law that doesn't belong to the House. At best it belongs to the legislature as a whole or to the government, the people of Virginia. Just as sort of my award, it doesn't belong to the house alone, but it does in in in the parts that are challenged here affect the house and the house alone.

Elena Kagan 2:24

Just tell me why. You s it doesn't change the composition of the house. It doesn't change any of the legislative processes of the House in terms of how you do things, the number of people involved in doing them. uh the necessary votes, etcetera. It may change the the membership of individuals, but it doesn't change the processes of the legislature. So I I beg to differ, which is to say I think that when you have the legislative districts, those are not just about elections. Those are the basic way in which the House chooses to organize itself, and they affect day-to-day operations within the House of Delegates. If you watch the House of Delegates proceeding, the first thing you notice is that every member of the House of Delegates is identified by where

Elena Kagan 3:21

There's a lot of people. There still will be a gentle lady from Norfolk. And a gentleman from wherever. the identity may change in the next election. But at least as currently constituted, those people will not change. And yes, they may change later, but there's no guarantee that the legislature ever has the person they want to win an election in the House. Well, i I don't think it is guaranteed that there will be a gentleman from Norfolk, because if you redistrict in a way that essentially splits Norfolk four ways, there may be no gentle person from Norfolk. And I think more fundamentally, this is the basic decision as to whether there are going to be a representative government in terms of uh compact districts, whether they're gonna be elongated

Elena Kagan 4:09

But m m

Unknown 4:10

Mr Clement, the the change from the current representative to another That's a frequent occurrence. It happens in every Every time there's a new cens census. different lines that have drawn different people.