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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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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Listen: Wisconsin State Supreme Court Oral Argument in Redistricting Challenge

Listen: Wisconsin State Supreme Court Oral Argument in Redistricting Challenge

On Nov 18, 2021, Dem. Governor Tony Evers vetoed the congressional and state Senate and House maps passed by the Wisconsin legislature a week earlier. The State Supreme Court took jurisdiction and heard oral arguments on Jan 19, 2022. Listen to the argument below. Learn more about the case in the case library. The court decided in November to take the approach of redrawing the maps as minimally as possible to comply with state and federal law as opposed to drawing districts from scratch. According to the Wisconsin Examiner, the justices "focused their questions on how to balance competing interests…
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Ohio Supreme Court Invalidates 2021 Senate and House Maps. Gives Commission 10 Days to Draw New Maps

On Wednesday, Jan. 12th, The Ohio Supreme Court invalidated Republican-drawn state House and Senate district maps as partisan gerrymandering under the Ohio Constitution. The justices struck down the maps in a 4-3 decision, sending the maps back to the Commission with just a 10-day window to redraw the maps. Read the opinion below. "We hold that the plan is invalid because the commission did not attempt to draw a plan that meets the proportionality standard in Article XI, Section 6(B). We also conclude that the commission did not attempt to draw a plan that meets the standard in Section 6(A)—that…
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North Carolina’s Redistricting Maps Upheld by State Trial Court

On Wednesday, Jan. 11th a North Carolina state trial court upheld the congressional and state legislative maps drawn by the Republican-dominated legislature in Nov of 2021. Read the opinion and excerpts below. Here is a breakdown of the court's conclusions of law regarding each allegation: Partisan Gerrymandering in Violation of the NC Constitution's Free Elections Clause: "The Free Elections Clause does not operate as a restraint on the General Assembly’s ability to redistrict for partisan advantage." Equal Protection Clause of the NC Constitution: "The Court finds that the plans are amply supported by arational basis and thus do not violate…
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Ohio Redistricting Maps Attract 3 Partisan Gerrymandering Lawsuits in 4 Days. Read Them Here.

The recently passed Ohio State redistricting maps have so far drawn three lawsuits; each of them claiming the map is a brazen partisan gerrymander. Here is a look at all three complaints. The first lawsuit was filed by the ACLU on behalf of the League of Women Voters of Ohio and the Ohio chapter of the African American trade union group the A. Philip Randolph Institute, as well as a group of individual Ohio voters. Read the complaint here. The second lawsuit filed is backed by former U.S. Attorney General Eric Holder's National Redistricting Action Fund, the 501(c)4 of the…
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Ohio Redistricting Commission Maps Challenged in State Supreme Court as “Brazen” Partisan Gerrymander

On Thursday, a lawsuit was filed by the ACLU on behalf of the League of Women Voters of Ohio and the Ohio chapter of the African American trade union group the A. Philip Randolph Institute, as well as a group of individual Ohio voters, challenging the state house and senate maps adopted by the Ohio Redistricting Commission last week. The commission adopted the maps on a 5-2 party-line vote with Republican members voting in favor of the map. The lawsuit alleges the map is a clear partisan gerrymander that violates provisions of the state constitution requiring that districts not be…
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VA Supreme Court Rejects Challenge to Prisoner Reallocation Law

The Virginia Supreme Court has rejected a legal challenge to a state law that changes how prison inmates are counted for purposes of redistricting. The petition for a writ of mandamus from the court had alleged that the Virginia legislature acted outside of the "prescribed constitutional amendment process" when it enacted statutory criteria regarding the reallocation of prisoners. It argued that while the commission along with other redistricting criteria was created through referendum and constitutional amendments, the prisoner reallocation statute was not and thus violates the state constitution. The petition had asked the state supreme court to prohibit the commission…
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West Virginia: Review of Litigation in the 2010 Redistricting Cycle

West Virginia: Review of Litigation in the 2010 Redistricting Cycle

The U.S. Supreme Court reversed a lower court decision and upheld West Virginia's 2011 congressional map with population deviations between districts of .79 percent. Tennant v. Jefferson County, No. 11-1184, 567 U.S. 758 (Sep. 25, 2012) The Jefferson County Commission and residents of Jefferson County alleged that West Virginia’s 2011 congressional plan violated the “one-person, one-vote” principle of Article I, § 2, of the U.S. Constitution. West Virginia created a redistricting plan that had a maximum population deviation of 0.79 percent (the variance between the smallest and largest districts). The State conceded that it could have made a plan with less deviation,…
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