Subject: Re: [EL] "Opposition" to VRA
From: Justin Levitt
Date: 2/4/2011, 12:04 PM
To: "jon.roland@constitution.org" <jon.roland@constitution.org>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

That's only by your definition of "fair," Jon.  And my point is that I suspect not everyone agrees with you about what being "fair" means, particularly when the discussion moves from the abstract to the particular.

Mind you, I don't disagree that there are flaws in much of the status quo.  I'm only pointing out that an automated solution is not a panacea.

Justin

On 2/4/2011 11:55 AM, Jon Roland wrote:
However, the algorithm to be used can be chosen as a legislative act after deliberation and debate. That is better than a few key legislators negotiating and drawing maps in a back room.

The default algorithm used by such map-drawing software, when it gets no data on ethnicity, voting history, or incumbency, comes closer to being fair than trying to draw maps that are "minority opportunity", whatever that means. The way people are redistributing themselves, that will soon be impossible by any reasonable standards.

On 02/04/2011 01:39 PM, Justin Levitt wrote:
As Micah Altman and Michael McDonald have written, and as I have echoed, computer algorithms are tools that -- like any tool -- can be used or misused.  It's not hard to write a computer algorithm elegantly designed to accomplish all kinds of mischief, and then step back and claim that no "human involvement" has gotten in the way.  But somebody had to write the algorithm, and bound up in that process are the values of the algorithm's author, which may or may not be widely shared.


-- Jon

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-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
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