Listen: JMU Podcast Interviews David Wasserman on What to Expect for the 2020 Redistricting Cycle

Listen: JMU Podcast Interviews David Wasserman on What to Expect for the 2020 Redistricting Cycle

The James Madison Center for Civic Engagement Democracy Matters podcast series interviews redistricting expert David Wasserman, Senior Editor, U.S. House of Representatives for The Cook Political Report about what this redistricting cycle will look like across the nation. Listen below. Democracy Matters Podcast August 26, 2021
Read More
[Podcast] Partners at Akin Gump,  and Professor/Consultant Kareem Crayton Discuss Redistricting Law and the Census

[Podcast] Partners at Akin Gump, and Professor/Consultant Kareem Crayton Discuss Redistricting Law and the Census

ON-Air with Akin Gump digs into the legal side of redistricting. In this episode, Akin Gump litigation partner Hyongsoon Kim and Supreme Court and appellate senior counsel Aileen McGrath and Crimcard founder and managing partner Dr. Kareem Crayton discuss redistricting and the impact of the 2020 Census. Listen Below.  
Read More

Wisconsin Lawsuit is Third Court Challenge Anticipating a Political “Impasse” for Redistricting Maps

Wisconsin voters join voters in Pennsylvania and Minnesota by initiating litigation in anticipation of a political impasse between the legislative and executive branches in the map-redrawing process. A group of voters filed suit on Friday - less than one day after 2020 census numbers were released to kick off the nationwide redistricting process. Claiming that there is "no reasonable prospect that Wisconsin's political branches will reach consensus to enact district plans in a timely manner," the plaintiffs are asking a federal district court to intervene to establish redrawn congressional and state legislative districts. The complaint points out that "In the…
Read More

Parties Debate Timeliness of Lawsuit in PA Congressional Map Challenge

A group of voters in Pennsylvania started the 2020 litigation cycle early by suing in Pennsylvania state court over the state's congressional map. The lawsuit presumes that the state legislature will not have enough time to enact a congressional map given its history of gridlock and a severely shortened mapmaking schedule due to late census redistricting data. It is asking the court to take jurisdiction now to avoid delays in redrawing congressional districts. The case is Carter v. Degraffenreid. Read the complaint here. The lawsuit was filed in April of 2021. This is an update on the status of the…
Read More

Supreme Court Upholds Arizona Voting Laws Against Sec. 2 Voting Rights Challenge in Brnovich

The U.S. Supreme Court issued its opinion today overturning a lower court's decision striking down two Arizona voting laws under Section 2 of the Voting Rights Act of 1965. The two laws the court upheld restricted out-of precinct voting and certain ballot collection activities in Arizona. Many experts view this as a severe weakening of the Voting Rights Act's protections for minority voters. The Court did seem to distinguish its interpretation of Section 2 in this case, from how it is applied in minority vote dilution redistricting map cases. Read the opinion here. The two voting laws at issue require…
Read More

Federal Court Rejects Alabama’s Census Lawsuit

An Alabama federal district court has rejected the State of Alabama's lawsuit requesting that the U.S. Census Bureau refrain from using the differential privacy method to modify individual census responses and move up the release of census data. Read the opinion here. The case in all likelihood will be appealed directly to the U.S. Supreme Court. The court writes: "On March 10, 2021, the State of Alabama, Congressman Robert Aderholt, and two Alabama voters (collectively, “Plaintiffs”) brought this suit against the U.S. Department of Commerce (“the Department”), the U.S. Bureau of the Census (“the Bureau”), and certain federal officials (collectively,…
Read More

MALDEF Challenges Democratic Drawn Illinois State Legislative Map Citing Legislature’s Use of Census Survey Data

The Mexican American Legal Defense Fund has sued in federal court after the Illinois legislature passed and the governor enacted a state legislative district map drawn using 5 yr census survey data (ACS) in place of the actual population count from the 2020 census. Read the complaint here. The complaint contends that the General Assembly has yet to release the alleged populations of the individual representative and legislative districts in the enacted map. The map was drawn by the legislature using ACS data due to the late release of the traditional population data used for redistricting, which is not anticipated…
Read More

Illinois Minority Leaders Challenge State Legislative Map Drawn with Census Survey Data

On June 4, Democratic Governor J.B. Pritzker signed a state legislative district map drawn and approved by the Democratic majority in the legislature. The Senate and House minority leaders have in turn sued to have the map overturned in federal court on account of the data that was used for balancing population between districts was census 'survey' estimate data (from the American Community Survey (ACS)), and not the hard count data historically used for redistricting. Read the complaint here. The controversy stems from the months-long delay in delivery of redistricting population data by the Census Bureau due to the Covid-19…
Read More

Wisconsin Supreme Court Rejects Bid to Fast-Track Future Redistricting Litigation

The Wisconsin state supreme court declined on Friday, to include all redistricting cases in its original jurisdiction. The decision was in response to a petition by the Wisconsin Institute for Law and Liberty to fast-track redistricting litigation in the state by having that court conduct a full trial and devise remedies at the outset as opposed to just conducting an appellate review of lower court decisions. Read the court decision here. The court declined any blanket rule for redistricting challenges and instead indicated that it would decide on whether original jurisdiction applies on a case-by-case basis. "as drafted, the procedures…
Read More

Federal Court Dismisses Alabama Challenge to Including Illegal Immigrants in Apportionment Results

On Monday, a federal district court in Alabama dismissed a lawsuit challenging the U.S. Census Bureau's practice of including the "whole number of persons in each state" in the census counts for apportionment. The state of Alabama had filed the challenge to block the inclusion of unlawful immigrants in the apportionment count, but the recently announced apportionment results played a role in the case dismissal. According to Alabama, the Final "2020 Census Residence Criteria and Residence Situations Rule" promulgated by the U.S. Census Bureau on February 8, 2018, provides that foreign nationals living in the U.S. will be counted in…
Read More