ELB Podcast: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

By EditorJul 05, 2023

Listen to the Election Law Blog Podcast's voting rights roundtable discussion of Moore v. Harper. Derek Muller, Carolyn Shapiro, Bertrall Ross, and Rick Pildes discuss what the recent U.S. Supreme Court decision means for future elections. https://soundcloud.com/rick-hasen/elb-podcast-410?si=22034ab3b3ea4e24bb0205f33a2ffbc4&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing Find us on:

Elections Clause, HOME, NEWS, Redistricting, Redistricting Gerrymanders, State Lawsindependent state legislature theory, lawindepth, lpscotus, North Carolina, scotus

U.S. Supreme Court Rejects Exclusive Power of State Legislatures to Draw Redistricting Maps in NC Case

By EditorJun 29, 2023

On Tuesday the U.S. Supreme Court held that state legislatures do not have exclusive and independent authority to set the rules regarding federal elections under the U.S. Constitution's Elections Clause. This idea had been dubbed the "independent state legislature theory." Practically speaking, this decision affirmed the North Carolina Supreme Court's authority to review the state legislature's congressional districting plans for compliance with the state constitution. You can read the opinion in Moore v. Harper here. Post Decision Analysis For a short history of the case and what it means for North Carolina and other states, listen to the CSPAN interview…

Case Updates, Casedocs, Elections Clause, LATEST, LAW, NEWS, Redistricting, Redistricting LitigationIN-DEPTH, independent state legislature theory, lawindepth, litigation, North Carolina, STATENEWS

How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

By EditorJun 15, 2023

The Supreme Court's somewhat "unexpected" ruling on the Section 2 challenge to Alabama's congressional district map has led to questions about what effect it will have in states with ongoing Section 2 litigation. Below are some articles that ask and attempt to answer the question of how the Alabama decision will affect litigation in those states. Texas Litigation: Where Texas redistricting lawsuits stand after U.S. Supreme Court ruling in Alabama case. (Texas Tribune) Arkansas: Plaintiffs hope SCOTUS decision in Alabama case bodes well for Arkansas redistricting lawsuits. (ualrpublicradio.org/) Georgia: Redistricting: Court ruling against Alabama's racially redistricted map could affect Georgia.…

LAW, NEWS, Redistrictingarkansas, Georgia, lawindepth, louisiana, section 2, STATENEWS, Texas, Voting Rights Act

U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

By EditorJun 09, 2023

On Thursday the U.S. Supreme Court upheld an Alabama District Court's preliminary injunction against the state's 2021 Congressional map on grounds that it diluted the votes of Black voters in the state in violation of Section 2 of the Voting Rights Act. The 5-4 decision ensures that Alabama's 7 district congressional map, which included only one with a majority of Black voters - will have to be redrawn to include an additional minority Black district. African Americans make up more than a quarter of the state’s population. The decision has implications for Georgia, Louisiana, and Texas as well. It is…

Case Updates, Casedocs, LATEST, LAW, Race in Redistricting, Redistricting, Redistricting Litigation, Voting Rights ActAlabama, lpscotus, national, scotus, section 2, Voting Rights Act

Alaska State Supreme Court Set to Decide if Interim Legislative Map Will Remain in Effect for the Decade

By EditorApr 24, 2023

On Friday, the Alaska Supreme Court issued its opinion detailing its March 2022 ruling that Alaska's legislative (a.k.a. Proclamation) Map violated the state's equal protection clause due to partisan gerrymandering. The opinion is not a surprise since the court made this conclusion clear in a March 25 2022 order. What is newsworthy, is that the court asked the Alaska Redistricting Board to make a case for restarting the redistricting process over to establish a final map for the rest of the decade. After two failed attempts by the Redistricting Board to adopt a legislative map, a third map was used…

Casedocs, HOME, LATEST, NEWS, Redistricting, Redistricting Litigation, State LawsAlaska, lawindepth, STATENEWS

Watch: NC Supreme Court Rehears Congressional Redistricting Map Case

By EditorMar 15, 2023

A reconstituted North Carolina Supreme Court heard oral arguments Tuesday in a case that the court decided in February of 2022. The 2022 decision invalidated the legislature's congressional map and replaced it with a map drawn by a special master. Later in the year, the court gained a conservative majority following the 2022 mid-term elections, and in a move some call unprecedented, it agreed to rehear the case to consider whether it should overturn its previous decision - or at least allow the North Carolina legislature to enact a new congressional map. Watch the oral arguments at the link below.…

LATEST, NEWS, Redistricting Litigation, State LawsNorth Carolina, northcarolina, STATENEWS

WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

By EditorDec 15, 2022

The U.S. Supreme Court heard oral argument in Moore v. Harper, a case regarding North Carolina’s congressional district map. North Carolina’s 2021 congressional map was approved by the Republican-controlled state legislature and subsequently challenged as a Republican partisan gerrymander, which is prohibited in North Carolina. The state Supreme Court invalidated the map and blocked its use in the 2022 midterm elections. A new map was eventually completed by court-appointed experts and used in the elections, but Republican legislative leaders appealed to the nation’s highest court. The case hinges on the so-called "independent state legislature theory," which is the idea that…

Case Updates, Elections Clause, LAW, Redistricting Litigationlawindepth, North Carolina

U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

By EditorOct 08, 2022

On Tuesday, Oct. 4, the US Supreme Court heard oral arguments in Merrill v. Milligan regarding Alabama Congressional Redistricting. Listen to the Oral Argument on YouTube. Last January, a three-judge district court in Alabama had agreed that the state’s new congressional map likely violated Section 2 of the Voting Rights Act. A divided Supreme Court temporarily blocked that ruling in February and after nearly two hours of oral argument on Tuesday, the justices appeared inclined to permanently set aside the district court’s ruling according to Amy Howe of SCOTUSblog. The crux of the state of Alabama's argument is that the…

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Court: New York Will Have Congressional and Senate Maps by May 20.

By EditorApr 29, 2022

The litigation surrounding New York's congressional and senate maps will end by May 20, according to the Stueben County appellate court. The court's announcement comes after the state's highest court invalidated both maps on Wednesday (April 27th). Here is a recap of the litigation which began in February. The litigation surrounding these two maps began in mid-February and sped through all three levels of the state court system (trial court, appellate court, and the state's highest court) in just over 2 months. While there was some disagreement among courts regarding whether the maps enacted by the legislature were the product…

Casedocs, LATEST, LAW, NEWS, Partisan Gerrymandering, Redistricting, Redistricting Gerrymanders, State Lawslawindepth, new york, partisan gerrymandering, STATENEWS

New York Redistricting Maps Thrown Out by State Trial Court. Congressional Map Declared Partisan Gerrymander

By EditorApr 01, 2022

On Thursday, Mar. 31, a New York trial court invalidated the legislature's 2022 congressional and state legislative maps. The decision was primarily grounded in the procedural requirements of New York's state constitution, which the court said the legislature violated when it adopted maps of its own after the Independent Redistricting Commission (IRC) failed to produce a second set of maps. Read the opinion. According to the court, the constitutional provision creating the IRC allowed the legislature to draw maps only after the IRC submits 2 sets of maps and the legislature rejects them. The IRC deadlocked in Jan of 2022…

Case Updates, Casedocs, LATEST, LAW, NEWS, Redistricting, State Lawsnew york, partisan gerrymandering, STATENEWS