[EL] Elemendorf and Spencer: Are the Covered States “More Racist” than Other States?

Rick Hasen rhasen at law.uci.edu
Mon Mar 4 08:07:04 PST 2013


Election Law Blog <http://electionlawblog.org/>


    Elemendorf and Spencer: Are the Covered States “More Racist” than
    Other States? <http://electionlawblog.org/?p=48009>

Posted on March 4, 2013 8:06 am <http://electionlawblog.org/?p=48009> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The following is a guest post from Chris Elmendorf and Doug Spencer:

    *Are the Covered States “More Racist” than Other States? *

    *Christopher S. Elmendorf*

    *Douglas M. Spencer*

    **During oral argument last week in /Shelby County v. Holder/, the
    constitutional challenge to Section 5 of the Voting Rights Act,
    Chief Justice Roberts asked, “[I]s it the government’s submission
    that the citizens in the South are more racist than citizens in the
    North?”  Solicitor General Verrilli responded, “It is not, and I do
    not know the answer to that . . . .”

    This post offers a preliminary answer to the Chief Justice’s
    question, using recent data.  Our initial results suggest that the
    coverage formula of Section 5 does a remarkably good job of
    differentiating states according to the racial attitudes of their
    nonblack citizens.

    There are essentially three schools of thought about how best to
    measure racial prejudice using survey questions.  Some researchers
    favor explicit measures of prejudice (“old-fashioned racism” or
    stereotyping), based on agreement with statements like “blacks are
    less intelligent than whites” and “blacks are lazy.” Others favor
    symbolic measures of prejudice or “racial resentment,” based on
    questions about affirmative action and whether blacks have gotten
    “more than they deserve.”  Still others favor measures of implicit
    or subconscious bias.  For the results reported here we use explicit
    stereotyping, as it remains disputed
    <http://www.annualreviews.org/doi/abs/10.1146/annurev.polisci.11.062906.070752?journalCode=polisci>
    whether racial resentment measures capture prejudice as opposed to
    conservatism, and it is uncertain whether implicit bias predicts
    political behavior
    <http://poq.oxfordjournals.org/content/early/2013/02/22/poq.nfs051.abstract>.

    We created a binary measure of stereotyping that roughly captures
    whether a person is more prejudiced toward blacks than is typical of
    nonblack Americans. Our data source is the 2008 National Annenberg
    Election Survey (NAES), which asked non-black respondents to rate
    their own racial group and blacks in terms of intelligence,
    trustworthiness, and work effort, on a scale of 0-100.  On average
    respondents ranked their own group about 15 points above blacks on
    each trait.  We coded respondents as holding “prejudiced” views with
    respect to blacks on a particular trait if the difference between
    their rating of their own racial group and their rating of blacks
    exceeded the national mean difference for the trait.  To create an
    overall measure of prejudice for each respondent, we summed the
    number of traits on which the respondent was more prejudiced than
    the national mean.  Finally, we converted this sum into a binary
    variable, coding as “prejudiced overall” those respondents who
    exceeded the national mean with respect to at least two of the three
    traits.[1] <http://electionlawblog.org/#_ftn1>

    To be clear, a respondent whom we have coded as “not prejudiced
    overall” may well be quite prejudiced.  But the Chief Justice’s
    question—whether “citizens in the South are more racist than
    citizens in the North”—is a question about /relative /prejudice, and
    this is what we are trying to capture.

    We provide two estimates of the proportion of adult, nonblack
    residents in each state who are “prejudiced overall.”  The first is
    based on simple disaggregation of the large NAES dataset
    (N=19,325).  This method should work pretty well for the largest
    states but may yield unreliable estimates for smaller states, which
    contribute relatively few respondents to the NAES sample.  For the
    second estimate we use multilevel regression with
    post-stratification (MRP), a recently developed statistical
    technique that has been shown to yield remarkably accurate estimates
    <http://www.columbia.edu/%7Ejrl2124/Lax%20Phillips%20-%20Estimating%20State%20Public%20Opinion.pdf>
    of state-level public opinion.  We model prejudice as a function of
    individual-level covariates (sex, race, age, and education) and a
    set of state-level predictors (black population, percent of blacks
    in poverty, segregation, and income inequality).

    Using either technique we find a strong positive correlation between
    Section 5 “covered status” and anti-black prejudice, but with MRP
    the correlation is truly stunning:

    elemendorf-graphic
    <http://electionlawblog.org/wp-content/uploads/elemendorf-graphic.png>
    The MRP model suggests that the six fully covered states in the
    South are, by our measure, six of the seven most prejudiced in the
    nation.  The two fully covered states that rank lower on the list,
    Arizona and Alaska, are presumably covered for reasons other than
    discrimination against blacks (anti-Latino discrimination in
    Arizona, and anti-Native discrimination in Alaska).

    We wish to emphasize that these are preliminary results only. 
    Though our findings are not entirely unexpected
    <http://web.posc.jmu.edu/seminar/readings/4a-realignment/race+party%20realignment%20in%20the%20south%20old%20times%20not%20forgotten.pdf>,
    other ways of aggregating the NAES prejudice questions, or of
    modeling responses, may yield different rankings of the states (to
    say nothing of other ways of measuring prejudice
    <http://www.people.fas.harvard.edu/%7Esstephen/papers/RacialAnimusAndVotingSethStephensDavidowitz.pdf>). 
    We will present additional results at the Midwest Political Science
    Association conference in April.

    Suffice it to say for now that the coverage formula seems defensible
    under the standard implicit in the Chief Justice’s questioning.  Or,
    to borrow a metaphor from Judge Williams of the D.C. Circuit,
    Congress appears to have “hit the bull’s eye throwing a dart
    backwards over its shoulder.”
    <http://www.cadc.uscourts.gov/internet/opinions.nsf/D79C82694E572B4D85257A02004EC903/$file/11-5256-1374370.pdf>

    /Elmendorf is Professor of Law at UC Davis. Spencer is a doctoral
    student in Jurisprudence and Social Policy at UC Berkeley. 
    Elmendorf contributed to an amicus brief on behalf of the
    respondents in /Shelby County v. Holder/./

    ------------------------------------------------------------------------

    [1] <http://electionlawblog.org/#_ftnref1> Our overall measure of
    prejudice includes just those respondents who exceeded the national
    average by at least one standard deviation, or 14% of the sample.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48009&title=Elemendorf%20and%20Spencer%3A%20Are%20the%20Covered%20States%20%E2%80%9CMore%20Racist%E2%80%9D%20than%20Other%20States%3F&description=>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130304/1f19546d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: hdrELB33.gif
Type: image/gif
Size: 8489 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130304/1f19546d/attachment.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: elemendorf-graphic.png
Type: image/png
Size: 67541 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130304/1f19546d/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130304/1f19546d/attachment-0001.png>


View list directory