Supreme Court Orders Stay in North Carolina Redistricting Case

Supreme Court Orders Stay in North Carolina Redistricting Case

Washington DC - The full text of the order is below:   TUESDAY, JANUARY 10, 2017 ORDER IN PENDING CASE 16A646 NORTH CAROLINA, ET AL. V. SANDRA LITTLE COVINGTON, ET AL. The application for stay of the order of the United States District Court for the Middle District of North Carolina, case No. 1:15-CV-399, entered on November 29, 2016, presented to The Chief Justice and by him referred to the Court is granted, pending the timely filing of a statement as to jurisdiction. Should such statement be timely filed, this order shall remain in effect pending this Court’s action on…
Read More
Texas Three-Judge Court Cites “Voluminous” Record as Reason Why it Will Take Its Sweet Time on Texas Redistricting

Texas Three-Judge Court Cites “Voluminous” Record as Reason Why it Will Take Its Sweet Time on Texas Redistricting

San Antonio, Texas - Its the biggest, most watched redistricting litigation of the decade; but the Texas redistricting case(s) began in 2011 and no ruling has been forthcoming by the federal district court panel tasked to resolve it.  Plaintiff's recently filed a request for the court to make a final decision and the court responded this week with an epic list of just how in the weeds they are with the paperwork.  The judges wrote: "The Court continues to diligently work through this voluminous record and the complex legal questions presented in this case and will issue an opinion as…
Read More
Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

North Carolina - A three-judge federal appeals court panel ruled that 28 state legislative districts in North Carolina's 2010 redistricting map were unconstitutional racial gerrymanders that diluted the votes of black and Hispanic voters.  The state has appealed the case to the U.S. Supreme Court, but the lower federal court has already given an order to the North Carolina legislature to start on and finalize a new map for special state elections later in 2017. The Republican-dominated legislature would rather wait and see what the Supreme Court has to say, especially since a newly elected Democratic governor is waiting in the wings.  This…
Read More
Texas Federal Court Imposes Preclearance on City of Pasadena

Texas Federal Court Imposes Preclearance on City of Pasadena

Pasadena, Texas - The United States District Court for the Southern District of Texas in this ruling invalidated the city's move from an eight-member district redistricting map to a mixed map of six single member districts and two at-large seats for electing its city council.  The court's finding of minority vote dilution (of Hispanic voters) under section 2 of the Voting Rights Act includes an order to subject the city to preclearance requirements, which would mean election officials must clear any future redistricting changes to the Justice Department for approval.  Read the initial case filing by plaintiffs here. There were several…
Read More
Cumulative Voting for School Board Ordered By Federal Court in Missouri

Cumulative Voting for School Board Ordered By Federal Court in Missouri

Missouri - Late last month a federal district court ended a two year challenge to the Ferguson-Florissant School District's use of at-large elections for its seven member school board.  The court ruled in August, that at-large elections for board members did violate section 2 of the Voting Rights Act.  The court's order requires the school district to use a cumulative voting system with staggered terms and off-cycle elections, preceded by a voter education program, much like the one described in the cumulative voting educational video below. https://youtu.be/L-n_D16bchM  
Read More
NPR and Scotusblog Recap Oral Arguments in Racial Gerrymandering Case

NPR and Scotusblog Recap Oral Arguments in Racial Gerrymandering Case

Wash. DC - NPR's Nina Totenberg recaps Supreme Court oral arguments in , Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris;  the racial gerrymandering claims arising from the Virginia state legislative and the North Carolina congressional map, which were heard on Monday.  Click below for audio. Read Scotusblog's analysis here.    
Read More
Packing Minorities Into Districts. When Is That Ever Okay?

Packing Minorities Into Districts. When Is That Ever Okay?

Washington DC - The Supreme Court will tackle that question today as it hears oral arguments in two redistricting cases.  Both cases are alleged racial gerrymander claims; one orginating from Virginia's state legislative map and the other from North Carolina's congressional district map.  (more…)
Read More
Court Rules 28 of 170 N.C. Legislative Districts are Racial Gerrymanders

Court Rules 28 of 170 N.C. Legislative Districts are Racial Gerrymanders

North Carolina - Last Thursday, a three-judge U.S. District Court panel ruled that 28 of the Republican-drawn districts for the N.C. legislature were indeed unconstitutional racial gerrymanders. The Republican practice of making "safe" minority districts even "safer" to comply with the Voting Rights Act was completely disavowed by the court.  In short, the Voting Rights Act does not mandate districts in which minorities are already successful at electing their preferred candidates, to be packed with even more minority voters - something that North Carolina insisted was the case. The districts will stand for the 2016 election however.  The court has ordered a…
Read More
Fourth Circuit: N.C. Voter ID Law Targets Blacks with “Surgical Precision”

Fourth Circuit: N.C. Voter ID Law Targets Blacks with “Surgical Precision”

North Carolina - The U.S. Court of Appeals for the 4th Circuit has overturned the lower court ruling that had upheld North Carolina's comprehensive voter identification requirements.  The panel commented that this law targeted African-American voters with "surgical precision." http://www.nbcnews.com/widget/video-embed/735007299516 Read the court opinion here. Read more in the Washington Post. Read more in the New York Times.
Read More

Unpacking the Texas Voter ID Decision

Philadelphia, Pa. -  Lyle Denniston of The Nation Constitution Center in Philadelphia writes this thorough review of the Circuit Court's decision in Veasey et al. v. Abbott, which significantly modifies implementation of Texas' voter ID law.  It was a 203 page opinion, Denniston details the reasoning of the plurality, concurrences and the dissent. Read more here.
Read More