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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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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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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Meet the Man Behind the Texas Voter ID Lawsuit

Meet the Man Behind the Texas Voter ID Lawsuit

Texas - U.S. Rep. Marc Veasey was a state legislator in Texas when that body passed a comprehensive Voter Identification law.  He had misgivings after witnessing the legislative debate and eventually sued.  North Texas public radio's Rick Holter sat down with Veasey, who represents Texas' 33rd congressional district, to discuss what brought him to sue and whether he thinks the recent Fifth Circuit ruling will relieve the harms he says it causes to some voters. Listen below.  
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Texas Appeals Court Rejects Voter ID Law. Sort of

Texas Appeals Court Rejects Voter ID Law. Sort of

Texas - This Wednesday the U.S. 5th Circuit Court of Appeals dealt a major blow to the 2011 Texas Voter ID law which has been in effect now since 2013.  The main legal challenge against this law, which specifies 7 types of photo identification that must be used to register and vote - has been that it violates the Voting Right Act both because it was passed by the legislature with an intent to discriminate against poor and minority voters and because in practice, it has a discriminatory effect on those groups. With respect to the discriminatory effect claim, the…
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Supreme Court Decides “Evenwel” Equal Population Case: Read the Opinion

Wash. DC - The Supreme Court just released its opinion in Evenwel v. Abott, a challenge to redistricting based on "total population" versus eligible or registered voters.  Read the pre-decision discussion here. Redistricting expert Nathaniel Persily's brief is here.  Listen to the Supreme Court oral argument here.  The court flatly ruled against requiring redrawn districts to equalize voting eligible populations and noted the founding fathers acceptance of "total population" as an appropriate denominator.  In the words of the Court: "Settled practice confirms what constitutional history and prior decisions strongly suggest. Adopting voter-eligible apportionment asconstitutional command would upset a well-functioning approach todistricting…
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An 8 Member Supreme Court Could Be a Boon to Minority Voting Rights

An 8 Member Supreme Court Could Be a Boon to Minority Voting Rights

The late Justice Scalia was "no friend" to voting rights, and his absence could mean the court deadlocks on upcoming decisions regarding redistricting, voter ID, one-man one vote, and more.  This just isn't about cases either, the court takes various requests for interlocutory orders, which can have significant effects on an election.  Josh Gerstein of Politico explains here.
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Supreme Court: Incumbent Congressman Has a Right to His District?

Supreme Court: Incumbent Congressman Has a Right to His District?

Washington, DC - This was congressman's Rep. Randy Forbes (R., Va.) argument Monday at the Supreme Court.  In an attempt to overturn a federal court in Richmond's congressional map, congressman Forbes asserted his right as an incumbent not to have "his" district altered to his disadvantage; a novel legal argument to say the least.  Read the Wall Street Journal Article here.
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