Briefs Filed in Litigation to Redraw New York’s  Congressional Map

Briefs Filed in Litigation to Redraw New York’s Congressional Map

Last week, briefs were filed in a case brought by a group of voters to redraw New York's current congressional map. The state used a map drawn by a court special master to conduct the 2022 election after a map drawn by the legislature was deemed a partisan gerrymander. The New York legislature had only passed its map after a newly established independent redistricting commission (NYIRC), deadlocked on maps in January of 2022. Now the question is whether the legislature, the commission, or both can have another go at it. A trial court in September of 2022 unequivocally answered "no"…
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WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

The U.S. Supreme Court heard oral argument in Moore v. Harper, a case regarding North Carolina’s congressional district map. North Carolina’s 2021 congressional map was approved by the Republican-controlled state legislature and subsequently challenged as a Republican partisan gerrymander, which is prohibited in North Carolina. The state Supreme Court invalidated the map and blocked its use in the 2022 midterm elections. A new map was eventually completed by court-appointed experts and used in the elections, but Republican legislative leaders appealed to the nation’s highest court. The case hinges on the so-called "independent state legislature theory," which is the idea that…
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U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

On Tuesday, Oct. 4, the US Supreme Court heard oral arguments in Merrill v. Milligan regarding Alabama Congressional Redistricting. Listen to the Oral Argument on YouTube. Last January, a three-judge district court in Alabama had agreed that the state’s new congressional map likely violated Section 2 of the Voting Rights Act. A divided Supreme Court temporarily blocked that ruling in February and after nearly two hours of oral argument on Tuesday, the justices appeared inclined to permanently set aside the district court’s ruling according to Amy Howe of SCOTUSblog. The crux of the state of Alabama's argument is that the…
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U.S. District Court Dismisses 2nd Lawsuit Calling for New House Elections

A U.S. District Court in Richmond, Va has rejected a lawsuit aimed at dissolving Virginia's 2021 House of Delegates election. Plaintiffs in the case had urged the court to order a new election due to the delay in census data caused by the Covid-19 health crisis. The 2021 election was conducted using legislative district maps drawn after the 2010 census because updated census data from 2020 was not available to redraw maps in enough time for the scheduled statewide election. The plaintiffs sued the state election board on the basis that conducting the election using the old maps - based…
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Court: New York Will Have Congressional and Senate Maps by May 20.

Court: New York Will Have Congressional and Senate Maps by May 20.

The litigation surrounding New York's congressional and senate maps will end by May 20, according to the Stueben County appellate court. The court's announcement comes after the state's highest court invalidated both maps on Wednesday (April 27th). Here is a recap of the litigation which began in February. The litigation surrounding these two maps began in mid-February and sped through all three levels of the state court system (trial court, appellate court, and the state's highest court) in just over 2 months. While there was some disagreement among courts regarding whether the maps enacted by the legislature were the product…
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Maryland State Court Throws Out 2021 Congressional Map Citing Extreme Gerrymandering

On Friday, the Senior Judge of the Circuit Court for Anne Arundel County signed an order prohibiting use of the congressional map that the Maryland legislature approved - over a gubernatorial veto - during a special session in December 2021. State officials were given five days to redraw the map. The legislature is currently in session until April 11. There is no word on whether the state will appeal. Read the order and opinion. The ruling concerned consolidated cases against the map by several plaintiffs and is notable as it makes Maryland among the first few states to fall victim…
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U.S. Supreme Court Denies Request to Block North Carolina Court’s Congressional Map

U.S. Supreme Court Denies Request to Block North Carolina Court’s Congressional Map

On Monday the U.S. Supreme Court denied an emergency application for a stay of the North Carolina State supreme court's decision to invalidate the congressional map that the legislature enacted in 2021 and the state trial court's decision to block a second map enacted by the legislature on February 17. If the high court had granted an emergency stay, the upcoming 2022 elections would have been conducted under the legislature's Feb. 17 map, while the court considered the case for a decision at some later date. Read the court's order. Map and Court Decision Timeline Feb. 23 2022: A state…
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OH Supreme Court Rejects Ohio Commission Maps for a 2nd Time. Describes Their Efforts as “Misguided.”

The Ohio Supreme Court on Monday rejected a 2nd revised map of state Senate and House districts drawn by the Ohio Redistricting Commission. The first map was invalidated by the court on Jan 12. The latest maps, adopted by the commission on Jan. 22nd, still violate state constitutional provisions prohibiting maps that favor any one political party according to the court. The commission must adopt a 3rd plan and file it with the court by February 18, 2022. Read the order here. The court interprets the state constitution's proportionality standard to mean that any map should reflect the average voting…
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U.S. Supreme Court Sides with Alabama in Voting Rights Act Case Against its Congressional Map, Issues a Stay Order.

The U.S. Supreme Court on Monday announced that it will allow Alabama to hold elections under its newly enacted congressional map despite a federal trial court's order to redraw the map to add a second majority Black district. Read the order here. In a 5-4 vote, the court granted Alabama's application for a stay from the trial court's decision invalidating the map under Section 2 of the Voting Rights Act (VRA). The 4 Justices in the minority would have allowed the 2022 election to go forward in Alabama with a remedial map as the three-judge trial court had ordered. Justice…
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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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