Black Voters Matter Capacity Building Institute, Inc., et al. v. Secretary, Florida Department of State, et al.
The Florida Supreme Court upheld Florida's 2022 congressional districting plan against a challenge under the Fair Districts Amendment's Non-Diminishment Clause, which prohibits plans that diminish racial minorities' ability to elect representatives of their choice. The Court held, as a matter of first impression, that the Equal Protection Clause bars requiring a racially gerrymandered North Florida district even if omitting it would otherwise violate the state constitution's Non-Diminishment Clause.
Key facts
- Florida's 2022 Enacted Plan eliminated Congressional District 5, a 200-mile 'barbell'-shaped district stretching across North Florida that connected black-voter communities in Duval County and Leon/Gadsden Counties.
- Petitioners challenged the Enacted Plan under the Fair Districts Amendment, Art. III, § 20, Fla. Const., which prohibits districts drawn to diminish racial minorities' ability to elect representatives of their choice.
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Holdings
- The Equal Protection Clause prohibits race-based districting without sufficient justification (strict scrutiny), and a state constitutional anti-retrogression mandate cannot compel the…
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