In this court exchange, civil rights attorney John Kennedy argues that race can be used to help people in redistricting to remedy past discrimination, while Judge Cox contends that the Supreme Court prohibits using race in drawing congressional districts except in very narrow circumstances, with the Robinson Court ruling that intentional racial discrimination violates the Voting Rights Act and requires race-conscious remedies to allow African Americans to elect candidates of their choice.
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John Kennedy STUNS Civil Rights Lawyer In Explosive ClashAñadido:
I'm standing up Mr. Cox, I don't mean to be rude, the importance of precedent and all that, but didn't the Supreme Court say except in very narrow circumstances, you just can't use race to help a person, and you can't use race to harm a person, and that includes in drawing congressional districts.
In answering that question, I'm going to tell you that the Robinson court which gave rise to the district that was challenged in Calley said that there was a violation of the Voting Rights Act, that it was required to draw a district or draw a redistricting plan that satisfied the Voting Rights Act, that that allowed African Americans to elect candidates of choice. You know what my question is to you Mr. Cox.
>> your question in a maybe an answer that you don't like and my colleagues don't.
>> you're not. You're not. You're giving us another lecture, and this is not a common law class. Tell me in simple terms is that not what the court said? The court said a lot of things that were inaccurate. So, I that is that the court said you can you can't use race at all in drawing plans. We disagree with that.
But what the court really did was say that you can prove race was was that you can prove there was intentional discrimination, which is a violation of this Congress's intent. It also sprinkled partisanship as a defense for any challenge to section any challenge under section two.
>> to let out of time. I can see no disrespect Mr. Cox, but you're not answering any of my questions, and and I know you're disappointed in the decision.
But let me put it another way. Do you think race should be used to help a person?
I don't understand that question. Race should be used to help a person.
>> race should be used to help a person?
>> that if there is a racial violate a violation that of of the law that race discrimination, I believe a remedy that's race conscious can be required, yes. Do you think race should be used to harm a person?
I don't really understand what that question is.
>> think you would.
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