In March 2018, United States Solicitor General Noel Francisco requested that court permit him, on behalf of the federal government, to argue in support of Texas during oral argument on April 24, 2018.[283][284][285][286][287][288][289][290]. Lets consider a slightly bigger state, with 50 people, but still just five districts. C. must be approved by Congress. [35], On April 14, 2011, Governor Mike Beebe signed the new congressional district map into law. Brobson wrote the following:[214][215], Suzanne Almeida, the executive director of the League of Women Voters of Pennsylvania, said, "While we are disappointed that Judge Brobson did not find that the existing state of Pennsylvania law was violated by the 2011 partisan gerrymander, we are encouraged by the strong findings of fact in our favor and look forward to the Pennsylvania Supreme Courts ultimate decision in the case." Consequently, redistricting has a direct bearing on what matters a legislature chooses to tackle, and which to ignore. On October 3, 2011, the Arizona Independent Redistricting Commission released draft congressional and state legislative district maps. At the time of redistricting, Republicans controlled both chambers of the state legislature. (Some lower courts have held that gerrymandering that dilutes the vote of a minority group is unconstitutional regardless of intent, but the argument remains in a legal gray area.). Kennedy wrote the following in the court's majority opinion:[315][316], Meanwhile, the Supreme Court affirmed the district court's ruling in the case of the remaining challenged district (District 75), arguing that the lower court's ruling was consistent with Alabama Legislative Black Caucus v. Alabama, a case decided by the high court in 2015. The Justice Department cleared the state legislative maps on October 5, 2012. On November 8, 2011, the Washington, D.C., Court of Appeals denied Abbott's request for an expedited decision, thereby setting the stage for a trial. Delays in the census caused a scramble in drawing new districts, making it hard for incumbents and political newcomers to make timely decisions on whether to run. On September 29, 2011, the United States District Court for the Western District of Texas "halted the [state House and congressional maps'] implementation and announced its intent to draw its own interim plan if the state did not obtain federal preclearance before the December 2011 opening of the candidate filing period." The court appointed Columbia University law professor Nathaniel Persily. State Republicans petitioned the Supreme Court of the United States to delay lower court proceedings pending the high court's rulings in Lamone v. Benisek and Rucho v. Common Cause. Why is it shaped like that? Key findings from McDonald's work are presented below.[5]. [246], On March 20, 2018, Rep. Cris Dush (R) introduced the following impeachment resolutions against the four justices who signed onto the state supreme court's ruling in League of Women Voters of Pennsylvania v. the Commonwealth of Pennsylvania:[247], Dush argued that these four justices, all Democrats, exceeded their authority by imposing a new district map, an action that, Dush argued, is the prerogative of the legislative and executive branches. [205], Following the 2010 United States Census, Oklahoma neither gained nor lost congressional seats. On June 25, 2013, the United States Supreme Court ruled in Shelby County v. Holder that "the coverage formula used to determine the states and political subdivisions subject to Section 5 preclearance was unconstitutional." The Court agrees with the challengers on this point. "Since the 1840s, Congress has mandated that states draw district maps and elect one representative per district for the U.S. House of Representatives. With fewer state governments divided by party than in years past, GOP has edge in redistricting. State Legislative and Congressional Redistricting after the 2010 Census, Population deviations for state legislative districts, How incarcerated persons are counted for redistricting, Lawsuits backed by National Redistricting Commission, State legislative district map challenges, State redistricting timelines following the 2010 census, California Proposition 40, State Senate Redistricting Plan Referendum (2012), Maryland Redistricting Referendum, Question 5 (2012), approved four redistricting ballot measures, California Citizens Redistricting Commission, Arguments for and against restoring Section 5 preclearance under the Voting Rights Act, Redistricting in Alabama after the 2010 census, United States District Court for the Middle District of Alabama, Alabama House of Representatives District 32, Alabama House of Representatives District 53, Alabama House of Representatives District 54, Alabama House of Representatives District 70, Alabama House of Representatives District 71, Alabama House of Representatives District 77, Alabama House of Representatives District 82, Alabama House of Representatives District 85, Alabama House of Representatives District 99, National Democratic Redistricting Committee, United States District Court for the Northern District of Alabama, Redistricting in Alaska after the 2010 census, Redistricting in Arizona after the 2010 census, Arizona State Legislature v. Arizona Independent Redistricting Commission, Redistricting in Arkansas after the 2010 census, Redistricting in California after the 2010 census, Redistricting in Colorado after the 2010 census, Redistricting in Connecticut after the 2010 census, Redistricting in Delaware after the 2010 census, Redistricting in Florida after the 2010 census, Florida Congressional District Boundaries, Amendment 6 (2010), Redistricting in Georgia after the 2010 census, Redistricting in Hawaii after the 2010 census, Redistricting in Idaho after the 2010 census, Redistricting in Illinois after the 2010 census, Redistricting in Indiana after the 2010 census, Redistricting in Iowa after the 2010 census, Redistricting in Kansas after the 2010 census, United States District Court for the District of Kansas, Redistricting in Kentucky after the 2010 census, Redistricting in Louisiana after the 2010 census, Redistricting in Maine after the 2010 census, Redistricting in Maryland after the 2010 census, United States District Court for the District of Maryland, United States Court of Appeals for the 4th Circuit, Redistricting in Massachusetts after the 2010 census, Redistricting in Michigan after the 2010 census, United States District Court for the Eastern District of Michigan, Redistricting in Minnesota after the 2010 census, Redistricting in Missouri after the 2010 census, Redistricting in Montana after the 2010 census, Redistricting in Nebraska after the 2010 census, Redistricting in Nevada after the 2010 census, Redistricting in New Hampshire after the 2010 census, Redistricting in New Jersey after the 2010 census, Redistricting in New Mexico after the 2010 census, Redistricting in New York after the 2010 census, Redistricting in North Carolina after the 2010 census, United States District Court for the Middle District of North Carolina, Redistricting in North Dakota after the 2010 census, Redistricting in Ohio after the 2010 census, Redistricting in Oklahoma after the 2010 census, Redistricting in Oregon after the 2010 census, Redistricting in Pennsylvania after the 2010 census, United States District Court for the Eastern District of Pennsylvania, League of Women Voters of Pennsylvania v. the Commonwealth of Pennsylvania, Lieutenant Governor Mike Stack's proposal, Petitioners' proposal (i.e., League of Women Voters of Pennsylvania, et al. More than 60 percent of her constituents are Black, almost a third of the states Black population. [125][126], Following the 2010 United States Census, North Carolina neither gained nor lost congressional seats. [178] North Carolina Democratic Party chairman Wayne Goodwin issued a statement via Twitter in support of the ruling: "This is a stunning rebuke of Republican legislators who refused to fix their racist maps and a collosal political failure from Speaker Moore and Senator Berger. 4 B. This will be the fourth map in six cycles, and I think that is so confusing for voters and has a major negative impact on voters. We answer your most pressing questions about redistricting and gerrymandering. The new state House map reduced the number of majority-minority districts from 13 to 11. The unanimous opinion of the court was delivered by Justice Antonin Scalia, who wrote the following:[91], In February 2017, a three-judge panel was named to hear the case. Judge William Osteen wrote an opinion that concurred in part and dissented in part. That requires moving the borders of districts or adding new districts and subtracting old ones to achieve population parity. Take Oregons new congressional maps. [86][87], On February 10, 2015, the case was appealed to the Supreme Court of the United States. [291][292], Following the 2010 United States Census, Utah gained one congressional seat. Their map clearly seeks to benefit one political party, which is the essence of why the court found the current map to be unconstitutional. James Blacksher, an attorney representing the plaintiffs, said, "Its an exercise, as we understand it, to help show whether the state was trying to target black percentages in each district, and thus sorting white and black voters by race. It is at this moment that politicians choose their constituencies, rather than theconstituencies choosing the politicians. [We] are grateful the U.S. Supreme Court has quashed judicial activism and rejected an attempt to nullify the votes of North Carolinians in the 2016 legislative elections. Lyle Denniston, writing for SCOTUSblog, summarized their argument as follows:[305], The Virginia State Board of Elections, along with opponents of the original map drawn by the state legislature, "urged the court to deny the postponement." [65], The revised Senate maps did not take effect until 2014. The trial court rejected the attempt on March 10, 2014, and the United States Supreme Court affirmed that decision on October 6, 2014. Third, Plaintiffs' Elections Clause claim is an unjustifiable attempt to skirt existing Supreme Court precedent. Since each district must have the same population, when population changes, maps must change too.". "[214][216][217], According to The Philadelphia Inquirer, "the state Supreme Court can take Brobson's conclusions into account but will ultimately make its own ruling." Although Democrats lost the majority five months later, they were able, in the meantime, to compel law firm Michael Best and Friedrich to turn over files related to the 2011 redistricting cycle (Republicans tasked with drafting new maps in 2011 worked out of the Michael Best and Friedrich office in Madison, Wisconsin). We look forward to asking the Supreme Court to decide whether Texas had discriminatory intent when relying on the district court.
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