VA Supreme Court Rejects Challenge to Prisoner Reallocation Law

The Virginia Supreme Court has rejected a legal challenge to a state law that changes how prison inmates are counted for purposes of redistricting. The petition for a writ of mandamus from the court had alleged that the Virginia legislature acted outside of the "prescribed constitutional amendment process" when it enacted statutory criteria regarding the reallocation of prisoners. It argued that while the commission along with other redistricting criteria was created through referendum and constitutional amendments, the prisoner reallocation statute was not and thus violates the state constitution. The petition had asked the state supreme court to prohibit the commission…
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Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Press Release: Sept. 1, 2021 Today the U.S. Department of Justice announced the release of a guidance document to ensure state, county, and municipal governments comply with Section 2 of the Voting Rights Act concerning redistricting maps and methods of electing governmental bodies following the release of the 2020 Census redistricting data. “The right to vote is the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland. “Discriminatory redistricting schemes or election practices threaten that fundamental right and are illegal. The guidance issued today makes clear that jurisdictions must abide by federal laws when redrawing…
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Listen: ACS ‘Broken Law’ Podcast Talks Redistricting Law and Policy with the Brennan Center’s Michael Li

Listen: ACS ‘Broken Law’ Podcast Talks Redistricting Law and Policy with the Brennan Center’s Michael Li

The American Constitution Society's Lindsay Langholz interviews Michael Li (李之樸), Senior Counsel at the Brennan Center, to talk gerrymandering, census and redistricting ahead of the 2020 redistricting cycle in the states. ACS Broken Law Podcast: Episode 12: Preparing for Redistricting, Bracing for Gerrymandering (Aug 24, 2021)
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[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.  
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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…
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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…
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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,…
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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…
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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…
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State Court Invalidates the Wisconsin Legislature’s Retainer of Two Law Firms for Redistricting Litigation. Read the Opinion

On Thursday, a Wisconsin Circuit Court voided two contracts state legislative leaders had entered into with two law firms in anticipation of redistricting litigation. The court concluded that both contracts are void because the legislative defendants were not authorized [under the state constitution or the various statutes contemplated in the case] to hire those firms for litigation purposes. Summary judgment was granted and defendants are permanently enjoined from authorizing any further payment on the two contracts for any services performed pursuant to them. Some excerpts from the court decision are below. Click here to read the opinion. Circuit Court: The…
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