In One-Two Punch, Ohio Supreme Court Invalidates New Congressional Map Just 2 Days After Striking House and Senate Districts

By EditorJan 15, 2022
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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Ohio Supreme Court Invalidates 2021 Senate and House Maps. Gives Commission 10 Days to Draw New Maps

By EditorJan 12, 2022
On Wednesday, Jan. 12th, The Ohio Supreme Court invalidated Republican-drawn state House and Senate district maps as partisan gerrymandering under the Ohio Constitution. The justices struck down the maps in a 4-3 decision, sending the maps back to the Commission with just a 10-day window to redraw the maps. Read the opinion below. "We hold that the plan is invalid because the commission did not attempt to draw a plan that meets the proportionality standard in Article XI, Section 6(B). We also conclude that the commission did not attempt to draw a plan that meets the standard in Section 6(A)—that…
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North Carolina’s Redistricting Maps Upheld by State Trial Court

By EditorJan 12, 2022
On Wednesday, Jan. 11th a North Carolina state trial court upheld the congressional and state legislative maps drawn by the Republican-dominated legislature in Nov of 2021. Read the opinion and excerpts below. Here is a breakdown of the court's conclusions of law regarding each allegation: Partisan Gerrymandering in Violation of the NC Constitution's Free Elections Clause: "The Free Elections Clause does not operate as a restraint on the General Assembly’s ability to redistrict for partisan advantage." Equal Protection Clause of the NC Constitution: "The Court finds that the plans are amply supported by arational basis and thus do not violate…
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Illinois Federal Court Rejects Voting Rights Act and Racial Gerrymandering Challenges to Legislature’s State Senate and House Maps

By EditorDec 31, 2021
On Thursday, the U.S. District Court for the Northern District of Illinois issued a per curiam opinion rejecting the claims of three groups of plaintiffs in the consolidated cases (McConchie, Contreras, and East St. Louis NAACP) against the state legislative district maps, which the legislature approved in September. The claims included allegations of racial gerrymandering and minority vote dilution in violation of Section 2 of the Voting Rights Act. In regards to the votings rights claims, the court characterized the plaintiff's view of the maps as a failure to "maximize" minority electoral success, and warned that the Supreme Court has…
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Arkansas State House Map Gets Voting Rights Act Challenge in Federal Court

By EditorDec 31, 2021
On Wednesday, the Arkansas State Conference NAACP and the Arkansas Public Policy Panel filed a lawsuit against the newly enacted Arkansas State House district map. The suit alleges minority vote dilution in violation of the Voting Rights Act. The case is Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment. Read the Complaint. PRESS RELEASE DECEMBER 29, 2021 LITTLE ROCK, Ark. — The American Civil Liberties Union, ACLU of Arkansas, Law Office of Bryan L. Sells LLC, and Dechert LLP filed a federal lawsuit today challenging a new redistricting plan for the Arkansas State House of Representatives that would undermine the voting strength of…
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New South Carolina House Districts Challenged in U.S. District Court

By EditorDec 26, 2021
The ACLU of South Carolina issued this press release (below) on Dec. 24, after filing an amended complaint with the U.S. District Court in Columbia, S.C. the day before. The case is NAACP v. McMaster. The original complaint asked the court to take jurisdiction over redistricting maps in SC in anticipation that the legislature would not complete maps in time for upcoming elections. However, the legislature passed, and the governor enacted a new state legislative district map on Dec 10. The amended complaint addresses the house district map specifically and reserves the right to challenge the senate map in the…
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Ohio Redistricting Maps Attract 3 Partisan Gerrymandering Lawsuits in 4 Days. Read Them Here.

By EditorSep 29, 2021
The recently passed Ohio State redistricting maps have so far drawn three lawsuits; each of them claiming the map is a brazen partisan gerrymander. Here is a look at all three complaints. The first lawsuit was filed by the ACLU on behalf of the League of Women Voters of Ohio and the Ohio chapter of the African American trade union group the A. Philip Randolph Institute, as well as a group of individual Ohio voters. Read the complaint here. The second lawsuit filed is backed by former U.S. Attorney General Eric Holder's National Redistricting Action Fund, the 501(c)4 of the…
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VA Supreme Court Rejects Challenge to Prisoner Reallocation Law

By EditorSep 23, 2021
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

By EditorSep 01, 2021
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

By EditorSep 01, 2021
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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