The Supreme Court’s Less Than Graceful Exit from the Thicket

The Supreme Court’s Less Than Graceful Exit from the Thicket

The long-awaited partisan gerrymandering decision has come down from the nation's highest court. A 5-4 majority decided to exit the "political thicket" and leave the policing of political gerrymandered redistricting maps to the States, commissions, congress; anybody, except the nine of them. Below are brief excerpts (with explanation) from the both the majority opinion and a passionate dissent from Justice Kagan in the consolidated cases of Lamone v. Benisek, ET Al. (Maryland) and Rucho v. Common Cause, ET Al. (North Carolina). Read the entire case here. The Court: Partisan gerrymandering claims present political questions beyond the reach of the federal…
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Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

On March 26, the Supreme Court heard oral argument in Benesik v. Lamone, a partisan gerrymandering case from Maryland. Click here for background on this case and its companion case, Rucho v. Common Cause (North Carolina). For a pre oral symposium hosted by SCOTUSBlog, click here. Click here to listen to oral argument for Rucho v. Common Cause.
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Listen to Supreme Court Oral Arguments in the North Carolina Partisan Gerrymandering Case

Listen to Supreme Court Oral Arguments in the North Carolina Partisan Gerrymandering Case

On March 26, the Supreme Court heard oral argument in Rucho v. Common Cause, a partisan gerrymandering case from North Carolina.Click here for background on this case and its companion case, Benesik v. Lamone (Maryland). For a pre oral symposium hosted by ScotusBlog, click here. Click here to listen to oral argument in its companion case, Benesik v. Lamone.
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February Redistricting News Update

February Redistricting News Update

On RedistrictingOnline . SCOTUSBLOG SYMPOSIUM IN ANTICIPATION OF ORAL ARGUMENTS IN PARTISAN GERRYMANDERING CASES WATCH: A MATHEMATICAL MEASUREMENT OF PARTISAN GERRYMANDERING WATCH: PANEL DISCUSSES ELECTION ADMINISTRATION, REDISTRICTING AND CAMPAIGN FINANCE . Around the Web . Michigan: Partisan Gerrymandering Trial Begins in Federal District Court Michigan's Republican drawn congressional and state legislative district maps went on trial in a federal district court on Tuesday, February 5th. Democratic and reform activist (Common Cause) plaintiffs claim that both quantitative research and insider emails show the state’s last redistricting was a conscious Republican gerrymander. . Pennsylvania: Penn State Student Wins Redistricting Map Challenge . Mississippi: Voting Rights Act…
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SCOTUSblog Symposium in Anticipation of Oral Arguments in Partisan Gerrymandering Cases

SCOTUSblog Symposium in Anticipation of Oral Arguments in Partisan Gerrymandering Cases

. The Supreme Court will hear oral argument in two key partisan gerrymandering cases on March 26; one from Maryland (Benesik v. Lamone) and one from North Carolina (Rucho v. Common Cause). In preparation for these arguments, the editors at SCOTUSblog hosted this pre-argument symposium featuring a group of experts on redistricting law. Here is a quick summary of each contributor's essay. You can click to read each article in full. . Justin Levitt: Suggests that the unconstitutionality of excessive partisan gerrymandering follows from the fact that there is widespread agreement (in the legal community) that any State law that…
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Watch: A Mathematical Measurement of Partisan Gerrymandering

Watch: A Mathematical Measurement of Partisan Gerrymandering

. Researchers at Duke University do a good job explaining their quantitative analysis of North Carolina’s congressional redistricting maps in lay terms. In this video they present fairly solid statistical proof that partisan gerrymandering indeed can be sniffed out by statistical algorithms that show when a map is the result of intentional and precise human design, and not mere adjustment of the boundaries that are already there. Of course, this only proves that partisan gerrymandering exists, and it is a helpful measure of the stark differences in the election results between a map drawn with precise political motivations versus on…
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Are Redistricting Commissions in Danger?

Are Redistricting Commissions in Danger?

Arizona, California and more recently, Ohio are among the handful of states that have established independent redistricting commissions by ballot measures. The U.S. Supreme Court recently upheld a challenge to Arizona's commission, but at least one election law expert warns that the court may reverse itself on this question in the future. Rick Hasen, Professor of law and political science at the University of California, Irvine believes this is a real possibility. Read the article in the Atlantic.
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MD and NC Partisan Gerrymandering Cases Return to the U.S. Supreme Court

MD and NC Partisan Gerrymandering Cases Return to the U.S. Supreme Court

On January 4th, the U.S. Supreme Court took up two long-standing partisan gerrymandering challenges on appeal from two federal district courts; one in Maryland and the other in North Carolina.  The question in both of these cases was not whether there was partisan gerrymandering in the making of these maps. Instead it was whether this type of partisan gerrymandering is constitutional or not.  The high court has seemed to duck and weave whenever it has been presented with this question in the past, but this time it feels different. Below is a little background to provide some context for the…
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Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

On November 7th, after managing a protracted series of procedural issues involving a lawsuit that was initially filed in 2013, a federal district court panel invalidated Maryland's 6th congressional district on grounds that it was an unconstitutional partisan gerrymander.  Maryland has until early March 2019 to enact a new congressional map or the court will create its own commission to do so. This case is notable since the court overturned the map on 1st amendment grounds instead of the 14th amendment, which until recently had been the basis for most if not all partisan gerrymandering challenges. (more…)
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