| | + | "Absent a compelling state interest, the Court held that the state 'may no more disadvantage any particular group by making it more difficult to enact legislation in its behalf than it may dilute any person's vote or give any group a smaller representation than another of comparable size.'" ''Valeria v. Davis'', 307 F.3d 1036, 1039-40 (9th Cir. 2002) (quoting ''Hunter v. Erickson'', 393 U.S. 385, 393 (1969)). |
| | {{cquote|The political-process doctrine, as enunciated in ''Hunter'' and ''Seattle'', prohibits the state from imposing extra burdens — beyond those of the ordinary political process — on legislation benefiting minorities. In ''Hunter'', the voters of Akron, Ohio, amended the city charter to overturn a fair housing ordinance and to require a referendum for any future ordinance prohibiting racial bias in real property transactions. In striking down the amendment, the Supreme Court applied strict scrutiny because the law “place[d] special burdens on racial minorities within the governmental process” by “disadvantag[ing] those who would benefit from laws barring racial, religious, or ancestral discriminations as against those who would bar other discriminations.” ... ''Seattle'' relied on Hunter to strike down a state constitutional amendment that prohibited desegregative busing absent a court order, thereby extinguishing the authority of local school boards to address de facto segregation. First, the amendment triggered Hunter by having “a racial focus”: it banned legislation that minorities may consider to be in their interest and that “inures primarily to [their] benefit.” Second, the amendment “work[ed] a reallocation of power” — also known as a political restructuring — “of the kind condemned in Hunter” by “remov[ing] the authority to address a racial problem — and only a racial problem — from the existing decisionmaking body, in such a way as to burden minority interests.”<ref>Comment, "Schuette v. Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN)" 128 Harv. L. Rev. 281 (Nov. 2014). [https://harvardlawreview.org/print/vol-128/schuette-v-coalition-to-defend-affirmative-action-integration-and-immigrant-rights-and-fight-for-equality-by-any-means-necessary-bamn/]</ref>}} | | {{cquote|The political-process doctrine, as enunciated in ''Hunter'' and ''Seattle'', prohibits the state from imposing extra burdens — beyond those of the ordinary political process — on legislation benefiting minorities. In ''Hunter'', the voters of Akron, Ohio, amended the city charter to overturn a fair housing ordinance and to require a referendum for any future ordinance prohibiting racial bias in real property transactions. In striking down the amendment, the Supreme Court applied strict scrutiny because the law “place[d] special burdens on racial minorities within the governmental process” by “disadvantag[ing] those who would benefit from laws barring racial, religious, or ancestral discriminations as against those who would bar other discriminations.” ... ''Seattle'' relied on Hunter to strike down a state constitutional amendment that prohibited desegregative busing absent a court order, thereby extinguishing the authority of local school boards to address de facto segregation. First, the amendment triggered Hunter by having “a racial focus”: it banned legislation that minorities may consider to be in their interest and that “inures primarily to [their] benefit.” Second, the amendment “work[ed] a reallocation of power” — also known as a political restructuring — “of the kind condemned in Hunter” by “remov[ing] the authority to address a racial problem — and only a racial problem — from the existing decisionmaking body, in such a way as to burden minority interests.”<ref>Comment, "Schuette v. Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN)" 128 Harv. L. Rev. 281 (Nov. 2014). [https://harvardlawreview.org/print/vol-128/schuette-v-coalition-to-defend-affirmative-action-integration-and-immigrant-rights-and-fight-for-equality-by-any-means-necessary-bamn/]</ref>}} |