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…
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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…
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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.    
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Duke University Team Dabbles with Its Own Algorithm for Measuring Partisan Gerrymandering

Duke University Team Dabbles with Its Own Algorithm for Measuring Partisan Gerrymandering

North Carolina - It isn't Efficiency Gap Analysis, but a team of mathematicians at Duke University's Sanford School of Public Policy have applied its own model (Markov Chain Monte Carlo method) to measuring the extent of partisan gerrymanders.  The algorithm produces maps with districts that have proven to be comparably more competitive than the actual districts established by states.  This does not appear to be anything new however, since computer modeled redistricting has been around for quite sometime.  The groups methodology explanation does not indicate how its model is superior to other algorithms. Read the article in GovTech.com. The group…
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NPR Talks with Law Profs About Racial Gerrymandering in the Supreme Court

Wash. DC - NPR's Nina Totenberg discusses the North Carolina racial gerrymandering claim to be heard today before the U.S. Supreme Court.  Totenberg chats with Stanford law professor Nathaniel Persily and Richard Hasen of University of California Irvine about the two congressional districts in dispute and how the court has dealt with similar claims in the past. Click below.      
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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…)
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Federal District Court Finds Partisan Gerrymander in Wisconsin Assembly Map

Federal District Court Finds Partisan Gerrymander in Wisconsin Assembly Map

Wisconsin -  A three-judge federal district court in Wisconsin has invalidated the Republican-drawn state assembly district map enacted in August 2011 as an unconstitutional partisan gerrymander.  If the ruling stands - and that's a very big "IF," this case will be the first successful approach to creating a workable standard for courts to use in determining whether a partisan gerrymander rises to the level of impermissible gerrymandering under the first amendment and equal protection clause of the U.S. Constitution.  Read more in the New York Times ,  Salon.com, Milwaukee Journal Sentinel, Washington Post, Wall Street Journal, and Rick Hasen's Electionlawblog.        Read the District Court…
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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…
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