Brief of Amici Curiae Former DOJ Attorneys and Social Scientists in Support of Plaintiffs-Appellees in McClure v. Jefferson County Commission

Campaign Legal Center (CLC) filed an amicus brief in McClure v. Jefferson County Commission on behalf of 16 former Department of Justice attorneys and social scientists arguing for affirmance of the lower court’s decision finding that Jefferson County, Alabama’s 2021 Commission Plan, is an unconstitutional racial gerrymander. The district court in part found liability because Jefferson County has maintained two districts with more than 65% Black total populations for over 40 years without adequate justification. The brief discusses the history of the so-called “65% rule of thumb,” which was utilized for a period of time as a rough measure of compliance with the VRA. However, the brief explains that the 65% rule was phased out by courts, the DOJ, and redistricting experts long ago, and does not support the Commission’s predominant use of race in 2021.