ABSTRACT. A critical issue in any racial vote-dilution case is the proportionality (or lack thereof) of a minority group’s representation: how well (or poorly) minority voters are represented relative to their share of the population. In an important recent opinion, Judge Easterbrook proposed replacing this proportionality benchmark with what we call the “race-blind baseline.” Under this approach, minority voters’ representation would be compared not to their population share but rather to the fraction of seats they would control if districts were drawn randomly and without the use of racial data. Long critical of the proportionality benchmark, conservative advocates have been quick to embrace Judge Easterbrook’s idea. The current Supreme Court, which has already dismantled part of the Voting Rights Act, may also be interested in adopting the race-blind baseline. Yet until now, no one has explored this benchmark’s implications: how it would affect minority representation as well as the partisan balance of power.
