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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Michigan Supreme Court Upholds Maps Against Minority Vote Dilution Challenge

On Thursday, Feb. 3, the Michigan State Supreme Court upheld the Michigan Independent Citizens Redistricting Commission's maps against a minority vote dilution challenge under Section 2 Voting Rights Act (VRA). Read the Court's opinion/order here. According to the opinion, that decision mostly hinged on the plaintiff's failure to show that any of the Gingle's preconditions were met to establish a Sec. 2 violation. In other words, the was no specific evidence offered by the plaintiffs that Black voters would not be able to elect the candidate of their choice. The crux of the plaintiff's argument, the court explained, was that…
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Watch: Connecticut Supreme Court Oral Argument in Congressional Map Case

Watch: Connecticut Supreme Court Oral Argument in Congressional Map Case

On Thursday, Jan. 27 the Connecticut state Supreme Court heard arguments from lawyers for both Democrats and Republicans on the Reapportionment Commission about whether the special master's congressional map should be approved by the court. Watch the oral argument below. The Reapportionment commission missed two deadlines (one statutory deadline and an extended deadline by the court) to agree on a map. A special master was appointed on Dec 28 of last year; Nathaniel Persily (Stanford Law). Read the Special Master's report. Find us on:
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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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Alabama Appeals Congressional Map Decision to U.S. Supreme Court

On Friday, Jan 28, the state of Alabama filed a motion for an administrative stay to the U.S. Supreme Court as well as a request for an appeal directly to the court from Monday's ruling of a three-judge federal district court. The panel of judges had enjoined the use of the newly drawn Alabama congressional district map on its finding that the map likely violates Section 2 of the Voting Rights Act. The federal district court panel concluded last week that the congressional map should have 2 majority-Black districts (or districts in which Black voters would be able to choose…
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Alabama Federal Court Blocks Congressional Map on Voting Rights Act Grounds. Gives Legislature 2 Week Deadline

On Monday an Alabama Federal District Court blocked the new congressional map enacted in November of last year. The order gives the legislature 14 days to enact a new map that the court advises should include " either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunityto elect a representative of their choice." Read the opinion here. Alabama's congressional map has had one majority-Black district since 1992 (District 7), and the map adopted in 2021 retained that district. Plaintiffs had argued that Section 2 of the Voting Rights Act applies in this…
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Michigan Commission’s Congressional Map gets a New Challenge in Federal Court

A federal lawsuit challenging the Michigan Independent Citizens Redistricting Commission's newly adopted congressional map was filed last week. In what could be a test of how federal courts view the relatively strict population equality standard of the U.S. Constitution, the lawsuit is alleging that the individual congressional district populations are not sufficiently equal. Read the complaint. The congressional map is also being challenged in state court, see Detroit Caucus v. Independent Citizens Redistricting Commission. The federal lawsuit also alleged several other failings of the commission's map including failure to follow the required state legal criteria regarding honoring communities of interest,…
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Kentucky Lawsuit Challenges New Congressional and State House Districts

Redistricting in Kentucky came to a head last week after the Governor vetoed congressional and State House district maps passed by the Republican legislature (the senate map was not vetoed or signed by the governor and were enacted automatically). The next day, the legislature overrode the vetoes and Democrats promptly sued. Read the case here. Read the lawsuit here. News Coverage Lawsuit calls new Kentucky redistricting maps a 'geographical absurdity' (wdrb.com) See you in court: the legal battle over drawing lines this week on Capitol Chat (wuky.org) Are Kentucky's redistricting maps gerrymandered? UK election law expert weighs in. (lex18.com) Find…
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In One-Two Punch, Ohio Supreme Court Invalidates New Congressional Map Just 2 Days After Striking House and Senate Districts

On Friday, the Ohio State Supreme Court announced its decision to invalidate the Republican-drawn 2021 congressional map, explaining that it "stacks the deck" against the opposite party. Voters in 2018 amended the state's constitution to prohibit excessive partisan map-drawing and the court concluded that the new map was a product of just that. Read the opinion and excerpts below. The now invalidated map had failed to pass the legislature by a supermajority vote and thus under the constitution, it would have only been in effect for 4 years. With the court's ruling on Friday, the legislature will have 30 days…
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