[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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After Apportionment Results Announced 3 Lawsuits are Filed in 3 States in Anticipation of Redistricting Gridlock

On Tuesday, three lawsuits were filed in state courts in Louisiana, Minnesota, and Pennsylvania alleging "malapportioned" congressional maps (and statehouse maps in the case of Minnesota). Malapportionment challenges seek to invalidate a map for use in future elections until its population is rebalanced among districts through redistricting. All three suits were filed on behalf of voters in the three states by The National Redistricting Action Fund (NRAF) chaired by former Attorney General Eric Holder. A copy of each complaint is here: Louisiana, Minnesota, and Pennsylvania. The suits were filed in anticipation of gridlock between the legislature and executive branch, especially…
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The National Urban League (et al.) Agreed to Settle its Lawsuit Seeking to Slowdown the Census Work Plan. Here are the Details of the Agreement.

On Thursday, the federal district court overseeing litigation challenging the U.S. Census Bureau's handling of 2020 Census data collection and post-processing, issued an order to dismiss the case with detailed stipulations for all parties involved. The lead plaintiff, The National Urban League and various other entities In National Urban League v. Raimondo have agreed to cease litigation in return for regular and robust assurances that 2020 Census data will be processed carefully and accurately. Below is a summary of the stipulations and selected quotes from the court's order. " . . .the parties agree that rather than continuing to dispute…
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Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

The Justice Department announced today that it has entered into a proposed consent decree to settle a voting rights lawsuit with the City of West Monroe, Louisiana. DOJ Press Release: April 15, 2021 The Justice Department’s lawsuit, brought under Section 2 of the Voting Rights Act, challenges the current at-large method of electing the West Monroe Board of Aldermen. Under this agreement, the City of West Monroe will change its method of electing its Board of Aldermen to ensure compliance with the protections of the Voting Rights Act. The proposed consent decree was filed in federal court in conjunction with…
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