How can racial gerrymandering be challenged under the Fourteenth Amendment?

Racial gerrymandering can be challenged in federal courts as a violation of the equal protection clause of the Fourteenth Amendment.1

Under this constitutional framework, legal challenges typically focus on the following principles established by the Supreme Court:

• Predominant Factor: Electoral districts can be challenged if their boundaries cannot be explained by anything other than race, or if race was used as the "predominant factor" in drawing those boundaries.23
• Intentional Discrimination: Plaintiffs may argue that the redistricting process involved intentional discrimination, though courts must evaluate whether race was the primary driver or if the outcome was a consequence of other factors, such as partisan affiliation.3
• Judicial Review: While the Supreme Court has ruled that partisan gerrymandering claims are "political questions" beyond the reach of federal courts, it maintains that racial gerrymandering remains justiciable and subject to constitutional scrutiny.415

In addition to the Fourteenth Amendment, racial gerrymandering is also frequently challenged under Section 2 of the Voting Rights Act, which prohibits practices that deny or abridge the right to vote on account of race or color.21