Michigan Supreme Court Upholds Maps Against Minority Vote Dilution Challenge

By EditorFeb 05, 2022
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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New Mexico Republicans Challenge New Congressional Map in State Court as a Partisan Gerrymander

By EditorJan 29, 2022
On Jan 21, New Mexico Republicans filed a partisan gerrymandering challenge in the 5th Judicial District Court. In contrast, the chair of the state Democratic Party released a statement applauding the congressional map stating "these maps create fair districts that bridge the urban-rural divide, include strong Hispanic and Native voices, and better represent communities throughout New Mexico." Read the lawsuit here. In October 2021, the New Mexico Citizens Redistricting Committee released several congressional maps for the legislature's consideration. The Committee is an independent, statutory, non-partisan body tasked to develop and propose district maps for New Mexico’s Congressional delegation, the state…
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Kentucky Lawsuit Challenges New Congressional and State House Districts

By EditorJan 24, 2022
Redistricting in Kentucky came to a head last week after the Governor vetoed congressional and State House district maps passed by the Republican legislature (the senate map was not vetoed or signed by the governor and were enacted automatically). The next day, the legislature overrode the vetoes and Democrats promptly sued. Read the case here. Read the lawsuit here. News Coverage Lawsuit calls new Kentucky redistricting maps a 'geographical absurdity' (wdrb.com) See you in court: the legal battle over drawing lines this week on Capitol Chat (wuky.org) Are Kentucky's redistricting maps gerrymandered? UK election law expert weighs in. (lex18.com) Find…
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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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Ohio Redistricting Commission Maps Challenged in State Supreme Court as “Brazen” Partisan Gerrymander

By EditorSep 24, 2021
On Thursday, a 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, challenging the state house and senate maps adopted by the Ohio Redistricting Commission last week. The commission adopted the maps on a 5-2 party-line vote with Republican members voting in favor of the map. The lawsuit alleges the map is a clear partisan gerrymander that violates provisions of the state constitution requiring that districts not be…
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Amendments to H.R. 1 Take Congressional Map-Drawing Out of the Hands of State Legislatures in 2021

Amendments to H.R. 1 Take Congressional Map-Drawing Out of the Hands of State Legislatures in 2021

By EditorMar 03, 2021
In mid-February, we reported about potential sweeping reforms of the congressional redistricting process in the states proposed by Congress. The bill (H.R. 1) would have been effective in 2030 but newly added amendments on Monday, make it a requirement for states this year. Yes. This year. The amended H.R.1 requires states to either create an agency to establish a commission or designate an existing one to carry out a detailed commissioner selection process. The procedural requirements are substantial and maps created by the commission must meet various rigorous statistical measures to avoid partisan gerrymandering. A vote is scheduled on the…
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Second State Invalidates Redistricting Map Based on Common State Constitutional Provision

Second State Invalidates Redistricting Map Based on Common State Constitutional Provision

By Michelle DavisSep 05, 2019
September 5, 2019 “the Free Elections Clause of the North Carolina Constitution guarantees that all elections must be conducted freely and honestly to ascertain, fairly and truthfully, the will of the People and that this is a fundamental right of North Carolina citizens, a compelling governmental interest, and a cornerstone of our democratic form of government.” These are the words of the three-judge panel in North Carolina's state trial court. Following Pennsylvania's lead in League of Women Voters of Pa. v. Pennsylvania, which invalidated that state's congressional map - The North Carolina court gave legislative leaders until September 17th to…
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The Supreme Court’s Less Than Graceful Exit from the Thicket

The Supreme Court’s Less Than Graceful Exit from the Thicket

By Michelle DavisJun 27, 2019
The long-awaited partisan gerrymandering decision has come down from the nation's highest court. A 5-4 majority decided to exit the "political thicket" and leave the policing of political gerrymandered redistricting maps to the States, commissions, congress; anybody, except the nine of them. Below are brief excerpts (with explanation) from the both the majority opinion and a passionate dissent from Justice Kagan in the consolidated cases of Lamone v. Benisek, ET Al. (Maryland) and Rucho v. Common Cause, ET Al. (North Carolina). Read the entire case here. The Court: Partisan gerrymandering claims present political questions beyond the reach of the federal…
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Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

By Michelle DavisApr 25, 2019
On March 26, the Supreme Court heard oral argument in Benesik v. Lamone, a partisan gerrymandering case from Maryland. Click here for background on this case and its companion case, Rucho v. Common Cause (North Carolina). For a pre oral symposium hosted by SCOTUSBlog, click here. Click here to listen to oral argument for Rucho v. Common Cause.
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