Federal Court Rejects a Citizenship Question for the 2020 Census

Federal Court Rejects a Citizenship Question for the 2020 Census

A New York federal district court has rejected the administration's bid to place a citizenship question on the upcoming 2020 census. The U.S. Department of Commerce, which is the main defendant in the lawsuit, will most likely appeal this decision but this just deepens the legal, financial and operational challenges that the Census Bureau must endure just under 15 months away from the 2020 census, the data from which, states and local governments will use to redraw electoral lines. NPR lists the possible effects that the current government shutdown and this lawsuit will have on census 2020 planning here. Read…
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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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Supreme Court Declines to Hear Pennsylvania Republican’s Congressional Map Appeal

On Monday, the U.S. Supreme Court denied certiorari to Republican lawmakers in the Pennsylvania legislature after a January ruling by the Pa. State Supreme Court invalidating the congressional map enacted by the body in 2011.  (more…)
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Listen to the NCSL Webinar on Recent Supreme Court Gerrymandering Decisions

Listen to the NCSL Webinar on Recent Supreme Court Gerrymandering Decisions

Last week the National Conference of State Legislatures hosted this webinar on the recent Supreme Court Partisan Gerrymandering decisions.  You can watch/listen below.  The discussion gives good insight into the current posture of the litigation in Wisconsin and Maryland and other states.  (more…)
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Michigan State Supreme Court Hears Argument on Commission Ballot Initiative

Michigan State Supreme Court Hears Argument on Commission Ballot Initiative

Last week, the Michigan State Supreme Court heard oral arguments in a case that pits redistricting reform advocates at odds with opponents about whether to allow a proposal for an independent redistricting commission on the ballot this election year that would amount to a sweeping reform of the redistricting process if approved by Michigan voters. (more…)
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Leading Expert in Redistricting “Grofman,” Suggests a Path to Proving Partisan Gerrymandering

Bernard Grofman, author, professor at the University of California at Irvine, and an expert witness in a multitude of redistricting cases, published this article in the Washington Post today.  In it Grofman offers a way for courts to assess the level of partisan gerrymandering on a district-by-district basis when the challenge is based on the 14th amendment.  His assessment is timely, given the Supreme Court's recent decision in Gill v. Whitford, which rejected challenges to a map as a whole.  See our discussion of that here.  Grofman points to the court's line of racial gerrymandering cases as a guide and…
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State Supreme Court Redraws Pennsylvania Congressional Map

State Supreme Court Redraws Pennsylvania Congressional Map

  Pennsylvania - This January, the Pennsylvania Supreme Court ruled the state's congressional map was an unconstitutional gerrymander.  The plaintiffs had alleged the map is an eggregious partisan gerrymander executed by Republican state lawmakers that allowed Republicans to win 72% of the state's congressional delegation with just 50% of the vote.   Here is the new map that court quickly adopted after the PA. state legislature failed to meet its deadline to agree and enact a replacement map.  Read more at NBCnews, Washington Post, and New York Times.    
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The FiveThirtyEight Blog Releases the Atlas of Redistricting. The Maps are Impressive but Unusable

The FiveThirtyEight Blog Releases the Atlas of Redistricting. The Maps are Impressive but Unusable

  This week, the sports and politics polling blog FiveThirtyEight released its Atlas of Redistricting.  It takes a comprehensive look at the mapping possibilities for every congressional district in the nation, and is part of the site’s Gerrymandering Project, which seeks to uncover in their words, “[what] is greatly misunderstood . . .” about redistricting and whether “gerrymandering can (or should be) killed.” The maps are impressive.  They produce congressional maps for seven common, but vastly different redistricting goals.  The result is that you get to see what your (or any) state’s congressional map would like if it were drawn…
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Highlights from State Supreme Court Oral Argument in Pennsylvania Congressional Map Challenge

Highlights from State Supreme Court Oral Argument in Pennsylvania Congressional Map Challenge

Pennsylvania - On Wednesday, the Pennsylvania Supreme Court heard oral arguments in one of the challenges to the state's 2011 congressional map.  The case, League of Women Voters of Pennsylvania (LWV) v. Pennsylvania General Assembly, alleges the map is an eggregious partisan gerrymander executed by Republican state lawmakers that allowed Republicans to win 72% of the state's congressional delegation with just 50% of the vote.  Here are the highlights from the oral arument, which lasted just over 2 hours: (more…)
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