On May 4, 2011, the state legislature passed a congressional redistricting plan, which was signed into law by the governor on May 10, 2011. The majority opinion was penned by Justice Debra Todd and read, in part, as follows:[227], Chief Justice Thomas Saylor penned a dissenting opinion that read, in part, as follows:[228], Justice Sallie Mundy joined Saylor's dissent and penned a separate dissent. Democratic opponents of the maps commenced a petition drive to put the issue before voters in the next statewide election. House Speaker Kirk Cox (R) criticized the plan: "The Eastern District Court selected a series of legally indefensible redistricting modules that attempts to give Democrats an advantage at every turn. The Blue party can carve out four very safe seats, leaving the Red party with one. The high court denied this request on January 8, 2019. Republicans made this bed and now they must lie in it, and their efforts to delegitimize the special master and our judicial system are dangerous and destructive." The state of Wisconsin has competitive legislative districts that meet every traditional principle of redistricting. "[40][41], On November 10, 2011, the district court ruled in favor of the plaintiffs and ordered that the "Moreno" congressional map be implemented. The only injuries [the maps' challengers'] established in this case were that they had been placed in their legislative districts on the basis of race. Assembly Speaker Robin Vos (R) said, "There are only two things that are certain about this case: it's unprecedented and it isn't over. [42][35], The backup commission ultimately failed to reach an agreement and petitioned the Connecticut Supreme Court to appoint a special master to draw the lines. On March 21, 2012, the legislature passed revised Senate district lines, which the governor signed into law on April 13, 2012. The remedial Senate plan can be accessed here. In a statement, Holder said, "The creation of additional districts in which African Americans have the opportunity to elect their preferred candidates in each of these states will be an important step toward making the voting power of African Americans more equal and moving us closer to the ideals of representative democracy." [61][62], Following the 2010 United States Census, Georgia gained one congressional seat. In those contests, the most devoted partisans are often the most important constituency. Two separate suits were filed in Denver District Court. Yes, and this is one way that redistricting becomes so politicized. On June 18, 2018, the Supreme Court of the United States ruled that the plaintiffs had failed to demonstrate standing to bring the complaint under Article III of the United States Constitution. How does redistricting relate to the Electoral College? On July 20, 2011, the legislature approved a congressional redistricting plan, which was signed into law by Governor Scott Walker on August 9, 2011. [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. On August 5, 2011, the legislature approved a congressional redistricting plan, which was signed into law by the governor on August 18, 2011. Associate Justice Clarence Thomas filed an opinion that concurred in part with the majority opinion and dissented in part. On October 3, 2011, the Arizona Independent Redistricting Commission released draft congressional and state legislative district maps. By contrast, the filing period for candidates for other offices, such as governor and United States senator, began on February 13, 2018, and ended on March 6, 2018. 1) Redistricting A) happens every 4 years. We are one important step closer to the end of the GOP's racial gerrymander." On November 21, 2016, the United States District Court for the Western District of Wisconsin struck down the district map for the Wisconsin State Assembly, finding in favor of the plaintiffs, a group of state Democrats. All United States Representatives and state legislators are elected from political divisions called districts. The opponents also argued that the challengers had little chance of getting the 2012 plan upheld by the Justices. For full details on this case, see this article. [209][47], Following the 2010 United States Census, South Carolina gained a congressional seat. The court ruled 2-1 on the matter. Eric Holder, former U.S. Attorney General and chair of the National Democratic Redistricting Committee, said, "The congressional map passed by Republicans in the North Carolina legislature simply replaces one partisan gerrymander with a new one. [The] Court must balance the need to protect voting rights that may be affected by the 2013 plans with the need to avoid the adverse effect on voting rights that comes with delay and confusion during election time. The congressional district plan was not subject to litigation. The high court ruled 5-4, with Chief Justice John Roberts penning the majority opinion, joined by Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. Senate Majority Leader Phil Berger (R), although critical of the court's ruling, announced that state Republicans would not appeal the decision: "We disagree with the court's ruling as it contradicts the Constitution and binding legal precedent, but we intend to respect the court's decision and finally put this divisive battle behind us. The matter was brought before the New Mexico First Judicial District Court, which issued an opinion establishing new state House district lines on January 3, 2012. Racial gerrymandering was forbidden, and states with a history of discrimination at the polls had to get clearance from the Justice Department before changing voting laws or drawing new maps. The Minnesota Supreme Court appointed a judicial panel to draw the lines. Redistricting is the process by which new congressional and state legislative district boundaries are drawn. [112][35], Following the 2010 United States Census, Missouri lost one congressional seat. Again, yes and no. [24][25], On June 13, 2018, attorneys for Democratic voters in three states (Alabama, Georgia, and Louisiana) filed three separate lawsuits in federal court, alleging in each that existing congressional district maps prevented black voters from electing candidates of their choosing, in violation of the Voting Rights Act. The panel also ordered a stay on the proceedings pending a decision by the Supreme Court of the United States in Gill v. Whitford. A major basis for todays Florida Supreme Court decision is that the Florida legislature wrongly believed or purported to believe that the Voting Rights Act required raising the population of black voters to certain high levels. The panel, comprising Judges Karen Moore (appointed by Democrat Bill Clinton), Timothy Black (appointed by Democrat Barack Obama), and Michael Watson (appointed by Republican George W. Bush), enjoined the state from conducting any future congressional elections under the 2011 plan. C) must be approved by Congress. Current proposals include banning partisan gerrymandering altogether and giving the courts greater power to intervene, but any such changes would most likely require Democrats to overcome a Republican filibuster. The high court remanded the case to the lower court with instructions to dismiss for lack of jurisdiction. The United States Court of Appeals for the 4th Circuit affirmed Bredar's decision on November 12, 2014. Perhaps no city in America was more cracked than Austin, Tex., the only U.S. city of less than a million residents that was divided among six congressional districts. An Independent Redistricting Commission (IRC) is a body separate from the legislature that is responsible for drawing the districts used in congressional and state legislative elections. "[297][298][299][300][301], The court ordered the state to draft a new congressional district map by September 1, 2015. 2020 Redistricting is the process by which new congressional and state legislative district boundaries are drawn. On May 23, 2016, the court announced its decision in the case, Wittman v. Personhuballah. On May 22, 2017, the court upheld the lower court's determination that Districts 1 and 12 constituted an illegal racial gerrymander. At the time of redistricting, Republicans held the governorship and both chambers of the Pennsylvania General Assembly. "Redistricting keeps the assignation of seats to districts fixed at one seat per district and deals with changes in population by changing the district boundaries. The result? On April 13, 2018, a panel of state superior court judges denied the plaintiffs' request for a stay against the challenged maps. Democrats won 50.6 percent of the statewide congressional vote, but only four out of 13 House seats. Additionally, California voters rejected a measure that would have eliminated the California Citizens Redistricting Commission. a new species of Monster. The name stuck, and, two centuries later, is synonymous with crooked maps drawn for political advantage. Spartans Will. At the time, partisan control of the legislature was divided; Democrats held the state Senate while Republicans held the state House. On January 3, 2012, the United States District Court for the Southern District of West Virginia ruled in favor of the commissioners, finding that the map was unconstitutional. The commission approved the proposal by a 4-1 vote on December 12, 2011. Contact your state's liaison to schedule a briefing or to learn more. States differ on how they count incarcerated persons for the purposes of redistricting. The court ruled 2-1 on the matter, with Judges James Wynn and Earl Britt forming the majority. Over time, districts gain or lose population. Trial on the merits of the claims against the 2013 plans has not been scheduled, and legal challenges to the 2013 plans will not be resolved before the 2016 election cycle. The four remaining district maps adopted by the district court (in Hoke, Cumberland, Guilford, Sampson, and Wayne counties) were permitted to stand. In its order, the court wrote, "The loss to Plaintiffs' fundamental rights guaranteed by the North Carolina Constitution will undoubtedly be irreparable if congressional elections are allowed to proceed under the 2016 congressional districts." The court ruled unanimously against the challengers, finding that they lacked standing to appeal. Their map clearly seeks to benefit one political party, which is the essence of why the court found the current map to be unconstitutional. In June 2012, the court ruled in favor of the plaintiffs and ordered that new maps be approved by January 2012. The suits were backed by the National Redistricting Commission, a nonprofit affiliate of the National Democratic Redistricting Committee, chaired by Eric Holder, former U.S. Attorney General. On March 24, 2017, state attorneys petitioned the Supreme Court of the United States to reverse the district court's ruling. Well get to that later. Circuit affirmed the previous decision, concluding that the use of Section 5 was still justified and that the coverage formula was still acceptable. "[136], On November 20, 2019, the court issued an order delaying the congressional candidate filing period for the 2020 election cycle pending resolution of the case. This Court recognized that the primary responsibility for drawing congressional districts rested squarely with the legislature, but we also acknowledged that, in the eventuality of the General Assembly not submitting a plan to the Governor, or the Governor not approving the General Assemblys plan within the time specified, it would fall to this Court expeditiously to adopt a plan based upon the evidentiary record developed in the Commonwealth Court. The court ordered state lawmakers to redraw state legislative district maps by March 15, 2017. "The redistricting that followed the 2010 census suddenly became less fair as partisan mapmakers used newly available information, technology and software to draw maps that greatly favor one party while respecting the equal population requirement. State officials denied this, maintaining that the 2013 maps were substantially the same as those issued by a federal court in 2012. [29][30], Arizona State Legislature v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2015. E) has little appreciable effect on who wins or loses congressional races. For more information, click "[Show more]" below. The panel, comprising Judges Paul C. Ridgeway, Joseph N. Crosswhite, and Alma L. Hinton, while noting that the plaintiffs had "demonstrated a reasonable likelihood of success on the merits of their claims," said issuing a stay at this juncture "would interrupt voting by citizens already underway. To pack in as many Democrats as possible, by including liberal cities and bypassing conservative rural areas. [313][314], On March 1, 2017, the Supreme Court of the United States issued its ruling in Bethune-Hill v. Virginia Board of Elections, finding that the district court "employed an incorrect legal standard in determining that race did not predominate in 11 of the 12 districts." [294][35], Following the 2010 United States Census, Virginia neither gained nor lost congressional seats. Lawmakers cannot take race into consideration when drawing districts. The trial continued through July 15, 2017. On May 10, 2011, the legislature approved a congressional redistricting plan, but this proposal was vetoed by the governor. [238], Justices Debra Todd, Christine Donohue, Kevin M. Dougherty, and David N. Wecht formed the court's majority. The court heard oral arguments about the map on March 21, 2016. The procedural elements of redistricting are generally governed by state laws, and state redistricting practices can vary regarding the methods used for drawing districts, timeline for redistricting, and which actors (e.g., elected officials, designated redistricting commissioners, and/or members of the public) are involved in the process. These graphics do not take into account maps that were subsequently redrawn. [131], The court ruled that no elections occurring after November 6, 2018, could be conducted using the congressional map it struck down. Fair or not, whether Democrats or Republicans hold the majority power in Congress isnt in the hands of voters. At the time of redistricting, Democrats controlled the governor's mansion and the New York State Assembly, but Republicans held a majority in the New York State Senate. Through this lawsuit, Plaintiffs seek a sea change in redistricting. On October 28, 2019, a three-judge panel of the state superior court granted this request, enjoining further application of the 2016 maps. Reapportionment occurs every ten years. The court did not, however, order an immediate remedy. [265][266][35], In January 2012, the Supreme Court of the United States struck down the interim maps drawn by the district court, ruling that the court had exceeded its authority. The plaintiffs here failed to prove up the minimal standing to even bring a lawsuit. For more information on the court's decision, see here. Eguia explains the complicated process of redistricting, and how the public can participate. The court's full opinion can be accessed here. In March 2011, two citizens challenged this provision in federal court, arguing that the delay "violated the Constitution since it left in place for one election districts that were not of equal population." The Supreme Court on Thursday said it will consider what would be a fundamental change in the way federal elections are conducted, giving state legislatures sole authority to set the rules for . A lot can and has been said about the 2011 Plan, much of which is unflattering and yet justified. Roberts was joined in the majority opinion by Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan. The plaintiffs alleged that the new district lines constituted a partisan gerrymander in favor of Democrats. That leaves their numbers in the other districts too scant to win elections. David Gersch, an attorney for the voters who initially brought the lawsuit challenging the congressional district plan, said that Republicans were making inconsistent arguments, having claimed in a separate lawsuit that the matter should be addressed by state-level authorities: "Now that they have lost in the highest court of the commonwealth, the legislators turn around and say the exact opposite." The case, filed as Backus v. South Carolina, was appealed to the United States Supreme Court, which upheld the lower court's decision on October 1, 2012. Republicans win elections because we have better candidates and a better message that continues to resonate with the voters. Matt Walter, president of the Republican State Leadership Committee, denounced the suits: "The cynical lawsuits filed today by Holder and the Democrats are crass attempts to rally the left-wing base and to elect more Democrats through litigation, instead of running winning campaigns on policies and ideas that voters actually want. The stay applied to five revised state House districts in Wake and Mecklenburg counties (four in Wake County, one in Mecklenburg). We find that Act 43 [the redistricting plan enacted by the state legislature in 2011] was intended to burden the representational rights of Democratic voters throughout the decennial period by impeding their ability to translate their votes into legislative seats. Instead, the court ordered the parties involved in the case to submit briefs outlining recommended remedies within 30 days. [296], On June 5, 2015, the United States District Court for the Eastern District of Virginia again ruled that an unconstitutional racial gerrymander had occurred in Virginia. The same three-judge panel, comprising Judges Paul C. Ridgeway, Joseph N. Crosswhite, and Alma L. Hinton, struck down the state's legislative district plan on similar grounds on September 3, 2019. "[7][8][9], On June 25, 2013, in a 5-4 decision, the Supreme Court struck down Section 4(b) as unconstitutional, as it exceeded Congress' power to enforce the Fourteenth and Fifteenth Amendments. And appealing to them is pushing incumbents and primary challengers alike to the political fringes. [155][156], On November 29, 2016, the United States District Court for the Middle District of North Carolina ordered the state to conduct special elections for the state legislature in 2017 using new state legislative district maps. There were no noted dissents in the order. The court ordered the state to enact a remedial plan by June 14, 2019. By Federal law, there are 435 total congressional districts that make up the House of Representatives. Governor Martin O'Malley (D) amended this plan and submitted his final proposal to the state legislature on October 15, 2011. C. must be approved by Congress. The majority opinion read, in part, as follows:[238], Chief Justice Thomas Saylor filed a dissenting opinion, which read, in part, as follows:[239], Justices Sallie Mundy and Max Baer also penned individual dissents. After the 2010 elections, Republicans picked up 12 new trifectas. 1) What exactly is redistricting and how does it work? Democrats used these records as evidence when they filed suit in federal district court, alleging that the Wisconsin State Assembly map treated voters "unequally, diluting their voting power based on their political beliefs, in violation of the Fourteenth Amendment's guarantee of equal protection." The redistricting process itself can often be changed only by a ballot initiative, which can take years and a lot of peoples time and money to organize and pass. The new maps last for a decade. All United States Representatives and state legislators are elected from political divisions called districts. [104], Judge Eric Clay, appointed to the bench by President Bill Clinton (D), wrote the following in the court's opinion and order: "Today, this Court joins the growing chorus of federal courts that have, in recent years, held that partisan gerrymandering is unconstitutional. Thomas authored an opinion that concurred in part with the majority opinion and in the judgment, joined by Gorsuch. [140], On August 30, 2017, the remedial House and Senate district plans (HB 927 and SB 691, respectively) became law. The letter also included a footnote indicating that Scarnati did not possess the requested data. As enacted, the state House district map paired incumbents in three districts (i.e., incumbents who, under the prior plan, resided in separate districts):[173]. You should! This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. The new map adds Richmond and Petersburg to the 4th District, represented by Republican J. Randy Forbes, improving Democrats chances of winning the district in November. The New Mexico Supreme Court assigned a retired judge, James Hall, to draw the final congressional map. At the time of redistricting, Democrats controlled both chambers of the state legislature, but a Republican held the governorship. At the roots of American democracy, most of the assemblies in the 13 colonies and in the original founding states used the apportionment method to assign seats to counties and townships, so they did not need to draw districts. "Yes! [118][35], Due to the stalemate between the governor and the state legislature, it fell to the courts to the draw the district boundaries. The court ordered the commission to redraw the map. In most states, the state legislature is responsible for drawing and approving electoral districts with a simple majority subject to a gubernatorial veto. Maryland and New York implemented their policies during the 2010 redistricting cycle, while Delaware implemented its policy in the 2020 cycle. Oral arguments in the case were heard on March 9, 2018. The stay applied to five revised state House districts in Wake and Mecklenburg counties (four in Wake County, one in Mecklenburg). [The map] centers [District 3] in Hampton Roads. The court determined that nine state Senate districts and 19 state House districts had been subject to an unconstitutional racial gerrymander. The lawmakers argued that implementation of this map would result in "electoral chaos" and "mass voter confusion." I don't think we'll have any difficulty meeting the burdens the court asked us to meet." Such a plan, aimed at achieving unfair partisan gain, undermines voters ability to exercise their right to vote in free and 'equal' elections if the term is to be interpreted in any credible way. Redistricting turns the normal representation process on itshead. And redistricting contributes to political polarization by making elections less competitive. On August 31, 2017, Alito issued a similar order on the district court's August 24 ruling on Texas' state House district plan. Meanwhile, Republicans were critical of the map and the process that led to its adoption. [65], The revised Senate maps did not take effect until 2014. On November 11, 2011, a group of Democratic voters challenged the new congressional and state legislative district maps in federal court, alleging that the new maps constituted "unlawful racial gerrymandering and a violation the Voting Rights Act." [42][35], Following the 2010 United States Census, Florida gained two congressional seats. [140] The court ordered state lawmakers to enact a new district map by September 1, 2017, for use in the 2018 general election. . According to The New York Times, the high court's order made it more likely that the 2018 election would be held using the existing district plans. As a matter of equitable discretion, a preliminary injunction does not follow as a matter of course from a plaintiff's showing of a likelihood of success on the merits. More than 60 percent of her constituents are Black, almost a third of the states Black population. 8 C. 10 D. 15 E. 20. Democrats in Illinois have drawn a new congressional map that could give them 14 of the states 17 House seats. In such circumstances, a 'power, civil or military,' to wit, the General Assembly, has in fact 'interfere[d] to prevent the free exercise of the right of suffrage.'. Further details about this case are provided below. Republican political consultants or operatives did, in fact, conspire to manipulate and influence the redistricting processThey made a mockery of the Legislatures proclaimed transparency and open process of redistricting by doing all of this in the shadow of that process, utilizing the access it gave them to the decision makers, but going to great lengths to conceal from the public their plan and their participation in it. Before Democrats assumed the majority, they had asked Michael Best and Friedrich to turn over the requested records, but the firm refused, saying that it answered to the majority leader. Shelby County appealed. The first element in the formula was whether, as of November 1, 1964, the jurisdiction maintained a "test or device," such as a literacy test restricting the opportunity to register and vote. Associate Justice Sonia Sotomayor penned a dissenting opinion, which was joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan. [113][114], On September 23, 2011, opponents of the newly approved congressional district map filed suit in the Missouri 19th Judicial Circuit Court, alleging "partisan gerrymandering and deviations from state constitutional compactness requirements." Although we appreciate that Legislative Defendants could have been gathering this information over the past months and weeks, Plaintiffs two-week schedule does not provide the General Assembly with adequate time to meet their commendable goal of obtaining and considering public input and engaging in robust debate and discussion. The court ordered that candidate filing open immediately. It would be extremely difficult to implement new interim plans without tremendous interruption to the 2016 election schedule. But Republicans still won 63 of the 99 State Assembly districts. We can draw them to fairly reflect the population: Blue gets three seats, Red gets two seats. [84][85], On August 30, 2011, the advisory redistricting commission submitted its recommendation for new congressional districts. Maryland: The governor submits a state legislative redistricting proposal. This proved unnecessary, however, as a revised congressional map passed the state legislature on December 14, 2011, and was signed into law the next day.[202][35]. As a result, the earlier refusal to preclear Texas' maps was vacated. [296], On October 6, 2013, opponents challenged the state's congressional district map in federal court, alleging "racial gerrymander without adequate justification under the Voting Rights Act." SB 691 cleared the House on August 30, 2017, and was enacted into law. On May 10, 2019, state officials petitioned the Supreme Court of the United States for a stay of the lower court's ruling. "There are two ways to assign seats to different geographic areas: apportioning and redistricting. "[233][234], On February 15, 2018, the deadline set by the state supreme court, parties to the suit and state political leaders submitted their proposals to the court. Congressional elections in 2012 and 2014 took place under the congressional map approved in 2012. Suppose a state has 25 voters who live in a perfect grid. On April 11, 2012, the state legislature approved a congressional redistricting plan, which was signed into law by the governor on April 23, 2012. 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." Associate Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Stephen Breyer dissented. On August 13, 2011, the legislature approved a new congressional map. The high court ruled 5-4, with Chief Justice John Roberts penning the majority opinion, joined by Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. Changes to district maps can alter the balance of power in Congress and in the states. Consequently, redistricting has a direct bearing on what matters a legislature chooses to tackle, and which to ignore. In their ruling, Judges Ridgeway, Crosswhite, and Hinton wrote, "[The] 2017 Enacted Maps, as drawn, do not permit voters to freely choose their representative, but rather representatives are choosing voters based upon sophisticated partisan sorting. [113], Following the 2010 United States Census, Montana did not add to its single congressional district, making congressional redistricting unnecessary. Associate Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Stephen Breyer dissented. "In the United States, redistricting happens every 10 years, after the Census. New maps are drawn to keep the population in each congressional district roughly even. '"[315][317], On March 31, 2017, in a separate state-level case, Richmond Circuit Judge W. Reilly Marchant ruled that the contested districts did not violate state constitutional requirements for district compactness. These were ultimately consolidated into one suit: Moreno et al. In the court's majority opinion, Justice Stephen G. Breyer wrote, "That Alabama expressly adopted and applied a policy of prioritizing mechanical racial targets above all other districting criteria (save one-person, one-vote) provides evidence that race motivated the drawing of particular lines in multiple districts in the State." On December 23, 2011, the congressional redistricting commission approved its plan for new congressional district boundaries.
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