Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.
Timothy J. Hoy,
Affirmative Action in the Electoral Process: The Constitutionality of the Democratic Party's Equal Division Rule,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol15/iss2/6