Alabama Appeals Congressional Map Decision to U.S. Supreme Court

By EditorJan 28, 2022
On Friday, Jan 28, the state of Alabama filed a motion for an administrative stay to the U.S. Supreme Court as well as a request for an appeal directly to the court from Monday's ruling of a three-judge federal district court. The panel of judges had enjoined the use of the newly drawn Alabama congressional district map on its finding that the map likely violates Section 2 of the Voting Rights Act. The federal district court panel concluded last week that the congressional map should have 2 majority-Black districts (or districts in which Black voters would be able to choose…
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Alabama Federal Court Blocks Congressional Map on Voting Rights Act Grounds. Gives Legislature 2 Week Deadline

By EditorJan 25, 2022
On Monday an Alabama Federal District Court blocked the new congressional map enacted in November of last year. The order gives the legislature 14 days to enact a new map that the court advises should include " either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunityto elect a representative of their choice." Read the opinion here. Alabama's congressional map has had one majority-Black district since 1992 (District 7), and the map adopted in 2021 retained that district. Plaintiffs had argued that Section 2 of the Voting Rights Act applies in this…
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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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Assistant Attorney General Kristen Clarke Discusses New DOJ Voting Rights Act Guidance at NCSL Summit

Assistant Attorney General Kristen Clarke Discusses New DOJ Voting Rights Act Guidance at NCSL Summit

By EditorNov 13, 2021
Last week, Assistant Attorney General Kristen Clarke spoke at NCSL’s Summit in Tampa regarding the Department of Justice’s guidance on how the Civil Rights Division is approaching Section 2 of the Voting Rights Act and their enforcement work this redistricting cycle. Section 2 prohibits discrimination in voting on the basis of race, color, or membership in a language minority group. The division looks at plans regardless of whether those plans were adopted by legislative bodies, redistricting commissions, state courts, or other governmental bodies. Watch below. https://www.facebook.com/NCSLorg/videos/1480510388995770/ Assistant Attorney General Kristen Clarke remarks at NCSL’s Legislative Summit. (Nov. 2021)
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Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

By EditorJul 03, 2021
In a CNN interview, University of California Law Professor Rick Hasen, author of the popular Election Law Law Blog, explains his take on the Supreme Court's Brnovich decision regarding Section 2 of the Votings Rights Act of 1965. Also below, is his blog post analyzing the decision shortly after the decision was handed down on Thursday. Read the Brnovich opinion here. https://vimeo.com/570075479/cee7c476e7 ELECTION LAW BLOG: Breaking and Analysis: Supreme Court on 6-3 Vote Rejects Voting Rights Act Section 2 Case in Brnovich Case— A Significant Weakening of Section 2 The Supreme Court, in a 6-3 decision, has severely weakened Section…
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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

By EditorApr 16, 2021
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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What Will an Updated Voting Rights Act Preclearance Formula Look Like?

What Will an Updated Voting Rights Act Preclearance Formula Look Like?

By EditorMar 10, 2021
The U.S. Supreme Court effectively halted administrative preclearance for redistricting maps (as well as other voting changes) for states required to do so under section 5 of the Voting Rights Act (see Shelby County v. Holder). This ended the need for the Justice Dept. to preapprove redistricting maps in TX, Georgia, Alabama, several more states, and some local jurisdictions. While the court did not actually invalidate section 5, it did declare the formula that determines which states are covered under section 5 unconstitutional because it had not been updated for some time. With Democrats in control of Congress and the…
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Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

By EditorMar 09, 2021
During the 116th congress in 2019, the Voting Rights Advancement Act was introduced in the Senate by Senator Leahy. The bill is expected to be reintroduced in some form in the current 117th congress. Below are the highlights of the bill’s provisions as articulated by Sen. Leahy’s office. You can read a more in-depth explanation of the first two points here. creates a new coverage formula that applies to all states and hinges on a finding of repeated voting rights violations in the preceding 25 years. establishes a targeted process for reviewing voting changes in jurisdictions nationwide, focused on measures…
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Texas Congressional Districts Invalidated by Federal Court: News Coverage

Texas Congressional Districts Invalidated by Federal Court: News Coverage

By EditorMar 16, 2017
Texas - Six years in the making, the federal district court panel released its opinion late last week in the long arduous litigation we call Texas Redistricting.  This 2-1 decision is only the beginning since it is in regard to the state legislature's 2011 map, which has since been replaced.  The court has yet to consider the 2013 map, which is in place currently, and the state legislative map for the lower house. What is the importance of this decision on a now defunct map? The court could require Texas to return to the preclearance regime, which was overturned in…
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