Civil Rights Organizations File Amicus Brief in South Carolina Racial Gerrymandering Case

Civil Rights Organizations File Amicus Brief in South Carolina Racial Gerrymandering Case

Aug. 18 2023 League of Women Voters Press Release: WASHINGTON, DC — Today, the League of Women Voters of the United States joined an amicus brief filed by the Lawyers' Committee for Civil Rights Under Law in Alexander v. South Carolina State Conference of the NAACP, a racial gerrymandering case to be heard before the Supreme Court of the United States this fall. The brief is also joined by the Leadership Conference on Civil and Human Rights, the Leadership Conference Education Fund, Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, Campaign Legal Center, Demos, and…
Read More
Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

The Utah Supreme Court seemed to be grappling with the issue of the citizen's right to initiative versus the legislature's right to enact laws. After oral argument in a case alleging that the 2021 congressional district map was a partisan gerrymander, (see League of Women Voters of Utah v. Utah State Legislature) the question arose of whether the legislature had the right to repeal a statute with anti-gerrymandering provisions (Proposition 4) - which it did in 2020. In October of last year, the trial court dismissed the claims regarding the Utah Legislature’s repeal of Proposition 4 but allowed the League's…
Read More
Update: Status of Kansas Redistricting (July 2023)

Update: Status of Kansas Redistricting (July 2023)

Major litigation against Kansas' redistricting maps has concluded however a key case against a local subdivision remains active and has just garnered significant support from a recent U.S. Supreme Court decision. Congressional and State Senate and House MapsThe congressional map adopted by the legislature, known as the "Ad Astra 2" map - was vetoed by Democratic governor Laura Kelly. The map was nevertheless enacted on Feb. 9, 2022 after a successful veto override vote in both chambers of the legislature. One key feature of the Ad Astra 2 map was its splitting of Wyandotte County - home to Kansas City…
Read More
U.S. Supreme Court Rejects Exclusive Power of State Legislatures to Draw Redistricting Maps in NC Case

U.S. Supreme Court Rejects Exclusive Power of State Legislatures to Draw Redistricting Maps in NC Case

On Tuesday the U.S. Supreme Court held that state legislatures do not have exclusive and independent authority to set the rules regarding federal elections under the U.S. Constitution's Elections Clause. This idea had been dubbed the "independent state legislature theory." Practically speaking, this decision affirmed the North Carolina Supreme Court's authority to review the state legislature's congressional districting plans for compliance with the state constitution. You can read the opinion in Moore v. Harper here. Post Decision Analysis For a short history of the case and what it means for North Carolina and other states, listen to the CSPAN interview…
Read More
How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

The Supreme Court's somewhat "unexpected" ruling on the Section 2 challenge to Alabama's congressional district map has led to questions about what effect it will have in states with ongoing Section 2 litigation. Below are some articles that ask and attempt to answer the question of how the Alabama decision will affect litigation in those states. Texas Litigation: Where Texas redistricting lawsuits stand after U.S. Supreme Court ruling in Alabama case. (Texas Tribune) Arkansas: Plaintiffs hope SCOTUS decision in Alabama case bodes well for Arkansas redistricting lawsuits. (ualrpublicradio.org/) Georgia: Redistricting: Court ruling against Alabama's racially redistricted map could affect Georgia.…
Read More
Update: Status of New York Redistricting Maps. June 2023

Update: Status of New York Redistricting Maps. June 2023

New York's post-2020 census redistricting continues to be contentious. Here is an update on the legal status of the congressional and state legislative maps. In 2022 state courts invalidated all three of New York state's redistricting maps (Congressional, state senate, and state assembly) on procedural grounds after the New York Independent Redistricting Commission deadlocked on maps. With no provision in the state constitution addressing exactly what should happen in the case of a commission deadlock, the legislature enacted its own maps in February of 2022. Later, a state trial court held that the legislature overstepped when it adopted maps and…
Read More
Alaska State Supreme Court Set to Decide if Interim Legislative Map Will Remain in Effect for the Decade

Alaska State Supreme Court Set to Decide if Interim Legislative Map Will Remain in Effect for the Decade

On Friday, the Alaska Supreme Court issued its opinion detailing its March 2022 ruling that Alaska's legislative (a.k.a. Proclamation) Map violated the state's equal protection clause due to partisan gerrymandering. The opinion is not a surprise since the court made this conclusion clear in a March 25 2022 order. What is newsworthy, is that the court asked the Alaska Redistricting Board to make a case for restarting the redistricting process over to establish a final map for the rest of the decade. After two failed attempts by the Redistricting Board to adopt a legislative map, a third map was used…
Read More
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"…
Read More
Redistricting Notes: New Map Challenge Brewing in WI. Boston Map Challenge in Hands of Federal Judge.

Redistricting Notes: New Map Challenge Brewing in WI. Boston Map Challenge in Hands of Federal Judge.

Wisconsin: With a new liberal majority on the Wisconsin supreme court, at least one organization is planning to bring a new legal challenge to the state's Congressional and legislative maps. Expect litigation in the late summer or early Fall. Boston, MA: The Boston City Council's "unity map" is under litigation for racial gerrymandering and after a trial last week, a federal court must decide whether the map will stand. The judge hearing the case has warned that if the map is overturned, the court will not elect to redraw the map or have a special master draw a remedial map.…
Read More
Watch: NC Supreme Court Rehears Congressional Redistricting Map Case

Watch: NC Supreme Court Rehears Congressional Redistricting Map Case

A reconstituted North Carolina Supreme Court heard oral arguments Tuesday in a case that the court decided in February of 2022. The 2022 decision invalidated the legislature's congressional map and replaced it with a map drawn by a special master. Later in the year, the court gained a conservative majority following the 2022 mid-term elections, and in a move some call unprecedented, it agreed to rehear the case to consider whether it should overturn its previous decision - or at least allow the North Carolina legislature to enact a new congressional map. Watch the oral arguments at the link below.…
Read More