U.S. Supreme Court Sides with Alabama in Voting Rights Act Case Against its Congressional Map, Issues a Stay Order.

The U.S. Supreme Court on Monday announced that it will allow Alabama to hold elections under its newly enacted congressional map despite a federal trial court's order to redraw the map to add a second majority Black district. Read the order here. In a 5-4 vote, the court granted Alabama's application for a stay from the trial court's decision invalidating the map under Section 2 of the Voting Rights Act (VRA). The 4 Justices in the minority would have allowed the 2022 election to go forward in Alabama with a remedial map as the three-judge trial court had ordered. Justice…
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Redistricting Headlines Feb. 7 2022: Three State Supreme Courts Have Their Say. A Governor’s Veto Puts Map on Shaky Ground.

Redistricting Headlines Feb. 7 2022: Three State Supreme Courts Have Their Say. A Governor’s Veto Puts Map on Shaky Ground.

Last week was another busy week in redistricting. Three state supreme courts made rulings on newly adopted maps, one state enacted redistricting maps and another endured a gubernatorial veto. Notable Court Decisions and Filings North Carolina was easily the headliner last week after its State Supreme Court overturned a lower trial court decision upholding new congressional and state legislative maps against racial and partisan gerrymandering challenges. The court is giving the Republican-dominated legislature just 14 days to redraw all three maps (congressional, state Senate and state House). There is no guarantee that the legislature will make this deadline but either…
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North Carolina Supreme Court Rejects Legislature’s 2021 Redistricting Maps. Redraw Ordered.

On Friday, the North Carolina State Supreme Court overturned a lower court ruling that upheld the legislature's 2021 congressional and state legislative maps against both racial and partisan gerrymandering claims. The court ordered the General Assembly to submit remedial maps for review to the trial court on or before Feb. 18 at 5:00 p.m. The trial court must approve or adopt compliant congressional and state legislative districting plans no later than noon on Feb. 23 2022. Read the Order. The State Supreme Court accepted and agreed with the trial court's assessment that the maps were a partisan gerrymander. The difference…
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Michigan Supreme Court Upholds Maps Against Minority Vote Dilution Challenge

On Thursday, Feb. 3, the Michigan State Supreme Court upheld the Michigan Independent Citizens Redistricting Commission's maps against a minority vote dilution challenge under Section 2 Voting Rights Act (VRA). Read the Court's opinion/order here. According to the opinion, that decision mostly hinged on the plaintiff's failure to show that any of the Gingle's preconditions were met to establish a Sec. 2 violation. In other words, the was no specific evidence offered by the plaintiffs that Black voters would not be able to elect the candidate of their choice. The crux of the plaintiff's argument, the court explained, was that…
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Redistricting Headlines Jan 31 2022: 3 States Finalize Maps and Big Litigation News in 2 States.

Redistricting Headlines Jan 31 2022: 3 States Finalize Maps and Big Litigation News in 2 States.

Last week in redistricting three states adopted maps, one state court made a decision about maps, and another court case may be heading to the nation's highest court. Map Enactments Three states enacted maps last week. On Wednesday, Jan. 26, the South Carolina legislature adopted and Gov. Henry McMaster signed a new congressional map into law. The state's legislative district map was enacted in December of last year. Maryland finalized its state legislative map on Thursday Jan. 27. The map was enacted as a joint resolution and does not require the governor's signature. Maryland's new congressional districts were adopted in a…
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Watch: Connecticut Supreme Court Oral Argument in Congressional Map Case

Watch: Connecticut Supreme Court Oral Argument in Congressional Map Case

On Thursday, Jan. 27 the Connecticut state Supreme Court heard arguments from lawyers for both Democrats and Republicans on the Reapportionment Commission about whether the special master's congressional map should be approved by the court. Watch the oral argument below. The Reapportionment commission missed two deadlines (one statutory deadline and an extended deadline by the court) to agree on a map. A special master was appointed on Dec 28 of last year; Nathaniel Persily (Stanford Law). Read the Special Master's report. Find us on:
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New Mexico Republicans Challenge New Congressional Map in State Court as a Partisan Gerrymander

On Jan 21, New Mexico Republicans filed a partisan gerrymandering challenge in the 5th Judicial District Court. In contrast, the chair of the state Democratic Party released a statement applauding the congressional map stating "these maps create fair districts that bridge the urban-rural divide, include strong Hispanic and Native voices, and better represent communities throughout New Mexico." Read the lawsuit here. In October 2021, the New Mexico Citizens Redistricting Committee released several congressional maps for the legislature's consideration. The Committee is an independent, statutory, non-partisan body tasked to develop and propose district maps for New Mexico’s Congressional delegation, the state…
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Idaho Supreme Court Upholds Reapportionment Commission’s State Legislative District Map

On Thursday, Jan 27 the Idaho Supreme Court upheld the state legislative district map against four challenges. In a unanimous opinion, the court backed the Idaho Reapportionment Commission's decision to split a total of 8 counties in drawing district lines, as well as how the commission dealt with various tribal communities. Read the decision. From the Opinion In regards to equal protection: "petitioners failed to meet their burden of showing that the Commission unreasonably determined that eight county splits were necessary to afford Idaho’s citizens equal protection of the law. Therefore, they have failed to demonstrate that the Plan violates…
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Alabama Appeals Congressional Map Decision to U.S. Supreme Court

On Friday, Jan 28, the state of Alabama filed a motion for an administrative stay to the U.S. Supreme Court as well as a request for an appeal directly to the court from Monday's ruling of a three-judge federal district court. The panel of judges had enjoined the use of the newly drawn Alabama congressional district map on its finding that the map likely violates Section 2 of the Voting Rights Act. The federal district court panel concluded last week that the congressional map should have 2 majority-Black districts (or districts in which Black voters would be able to choose…
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Alabama Federal Court Blocks Congressional Map on Voting Rights Act Grounds. Gives Legislature 2 Week Deadline

On Monday an Alabama Federal District Court blocked the new congressional map enacted in November of last year. The order gives the legislature 14 days to enact a new map that the court advises should include " either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunityto elect a representative of their choice." Read the opinion here. Alabama's congressional map has had one majority-Black district since 1992 (District 7), and the map adopted in 2021 retained that district. Plaintiffs had argued that Section 2 of the Voting Rights Act applies in this…
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