Citation
Nicholas Stephanopoulos, Spatial Diversity, 125 Harv. L. Rev. 1903 (2012).
Abstract
This Article introduces the concept of spatial diversity — the variation of a given factor over geographic space — and uses it to resolve longstanding puzzles in election law. Why does the Supreme Court denounce some districts as political gerrymanders but say nothing about superficially similar ones? Why are some majority-minority districts deemed unnecessary or unconstitutional while other apparently analogous districts are upheld? The Article argues that spatial diversity answers these questions: the Court condemns districts that eliminate spatial diversity by packing similar individuals together, while upholding districts that reflect or create it. The Article then develops and applies the concept across the major subfields of election law — partisan gerrymandering, majority-minority districts, and one person one vote — proposing a unified theory that can rationalize otherwise inconsistent doctrine.