A number of lawsuits followed, including Arizona State Legislature v. Arizona Independent Redistricting Commission. The four remaining district maps adopted by the district court (in Hoke, Cumberland, Guilford, Sampson, and Wayne counties) were permitted to stand. [116], Following the 2010 United States Census, Nevada gained one congressional seat. According to the lawsuit, the plans diluted minority voting strength, violated the "one person, one vote" principle, and illegally split counties in order to consolidate Republican dominance in other districts. The stay applied to five revised state House districts in Wake and Mecklenburg counties (four in Wake County, one in Mecklenburg). On September 21, 2011, the legislature approved a congressional map, which was signed into law on September 26, 2011. For the 2010 redistricting cycle, this law established a 2013 deadline, meaning that the 2012 election would have taken place under district maps drawn in the 2000 redistricting cycle. 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. For full details on this case, see this article. Sponsored by the Institute of Public Policy and Social Research, the goal of Eguias research is to help draw maps that provide no disproportionate advantage to any political party. He has presented findings his research at Harvard University and at the NYU School of Law, and recently was a co-panelist with Michigans Secretary of State regarding the upcoming redistricting drawing in 2021. For District 12, that is all we must do, because North Carolina has made no attempt to justify race-based districting there. In the wake of the 2010 election, however, Republicans held three congressional seats. 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. "[198], The court ordered state lawmakers to draft remedial maps by September 18, 2019, for use in the 2020 election cycle. The filing period had originally been set to open on December 2, 2019, and close on December 20, 2019. Click here to contact our editorial staff, and click here to report an error. Latest Research Resources Associate Justice Sonia Sotomayor penned a dissenting opinion, which was joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan. 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]. The court further ordered that the state legislative district map adopted during the 2000 redistricting cycle would apply to elections taking place in 2012. Not quite. Spartans Will. February 9, 2018: Deadline for the state legislature to submit a remedial district plan to the governor, February 15, 2018: Deadline for the governor to submit a remedial plan to the state supreme court, February 19, 2018: "The Executive Branch Respondents are advised to anticipate that a congressional districting plan will be available by February 19, 2018, and are directed to take all measures, including adjusting the election calendar if necessary, to ensure that the May 15, 2018 primary election takes place as scheduled under that remedial districting plan. He said the following:[163], On June 5, 2017, the Supreme Court of the United States issued a unanimous per curiam ruling affirming the decision of the district court, which had earlier determined that the aforementioned 28 districts had been subject to an illegal racial gerrymander. where the respective committees met and conducted the redistricting and reapportionment process. "[131], On September 4, 2018, the district court announced it would not order changes to the map before Novembers election, finding that imposing a new schedule for North Carolina's congressional elections would, at this late juncture, unduly interfere with the State's electoral machinery and likely confuse voters and depress turnout. On October 1, 2018, the defendants appealed the district court's decision to the United States Supreme Court, which agreed to take up the case and scheduled oral argument for March 26, 2019. District locations and numbers differ between the two maps. Because the present suit is indisputably 'an action challenging the constitutionality of the apportionment of congressional districts,' the District Judge was, We now note our jurisdiction and review the District Court's decision for an abuse of discretion, keeping in mind that a preliminary injunction, as 'an extraordinary remedy never awarded as of right.' The judges ordered state officials to inform the court within three days of the state legislature's intent to draft and implement new remedial maps. On January 29, 2018, Associate Justice Samuel Alito requested a response to this request from the other parties involved in the suit by 4:00 on February 2, 2018. The district court panel overseeing the case adopted Persily's recommendations on January 19, 2018. The plaintiffs here failed to prove up the minimal standing to even bring a lawsuit. On February 10, 2012, the New Mexico Supreme Court ruled that the state House maps must be redrawn, "with instructions for the trial court to reconsider the extent to which mildly larger population deviations would satisfy other state redistricting criteria, to reconsider the partisan impact and incumbent pairings of a court-ordered plan, and to recognize a district protecting Hispanic voters in the Clovis area under the Voting Rights Act." The remedial House plan can be accessed here. [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. In 2013, the Supreme Court hollowed out the preclearance provision, leaving lawmakers in those states free to draw maps as they choose. Lawmakers should take into account existing municipal boundaries when drawing districts. [261][35], On June 22, 2011, the state legislature approved a state legislative redistricting, plan which was signed into law on June 28, 2011. NCSL helps draft bills, organize workshops and convene legislative-executive teams. That gives Republicans unimpeded power to draw 187 House districts, and Democrats 75. An earlier version of this article misstated the number of House seats for which Democrats control the redistricting process. Meanwhile, Mike Lewis, a spokesperson for the state attorney general, said, "We continue to hold the position we raised in court that the plaintiffs have had more than enough time to offer alternative redistricting maps and have failed to do so. [296], On December 22, 2014, opponents of the newly drawn map filed suit in the United States District Court for the Eastern District of Virginia, alleging that 12 state legislative districts constituted an illegal racial gerrymander. Speaker of the Virginia House of Delegates William Howell (R) said, "The House of Delegates remains in session. [The map] centers [District 3] in Hampton Roads. [86], On November 5, 2013, opponents of the state's newly approved congressional district map filed suit in the United States District Court for the District of Maryland. "I served in an orientation panel during the first day the Redistricting Commission met in September. 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]. Redistricting is the process of redrawing district boundaries when a state has more representatives than districts. Maryland and New York implemented their policies during the 2010 redistricting cycle, while Delaware implemented its policy in the 2020 cycle. All of which means that gerrymandering is fueling much of the polarization and extremism in American politics. The court recognizes that special elections typically do not have the same level of voter turnout as regularly scheduled elections, but it appears that a special election here could be held at the same time as many municipal elections, which should increase turnout and reduce costs. [141][142][143][144], On October 26, 2017, the United States District Court for the Middle District of North Carolina issued an order appointing Nate Persily as a special master "to assist the Court in further evaluating and, if necessary, redrawing" the revised maps. The landmark Voting Rights Act prohibited racial discrimination in voting and ushered in a host of new protections. If pursued, this would be a clear and present danger to the administration of justice in Pennsylvania." On January 20, 2012, the legislature approved a new congressional district plan, which was signed into law by the governor on January 25, 2012. If you're having On May 28, 2019, the court approved a remedial plan for House District 90. Lets consider a slightly bigger state, with 50 people, but still just five districts. Look at the district of Representative Terri Sewell, an Alabama Democrat. On March 24, 2017, state attorneys petitioned the Supreme Court of the United States to reverse the district court's ruling. The Electoral College does not need to redistrict because it uses the apportionment method to redistribute seats across states with changes in population.". "[40][41], On November 10, 2011, the district court ruled in favor of the plaintiffs and ordered that the "Moreno" congressional map be implemented. When it's conducted fairly, it accurately reflects population changes and racial diversity, and is used by legislators to equitably allocate representation in Congress and state legislatures. The census dictates how many seats in Congress each state will get, which is why some states gain or lose seats in the House of Representatives every 10 years. Although the court did not directly address the constitutionality of preclearance itself, "it effectively halted" the use of the preclearance mechanism, according to The Leadership Conference. Here's what you need to know about redistricting and how it will affect you for the next decade. 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." 2) As weve seen in past elections, the Electoral College can throw off results of a whole election. "Redistricting is the process of drawing electoral district maps. 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. The court did not, however, order an immediate remedy. Reapportionment - Definition, Examples, Cases, Processes - Legal Dictionary 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.'. Arizona Secretary of State Ken Bennett, acting on behalf of Governor Jan Brewer (R), wrote to Mathis, "I have determined that you have failed to conduct the Arizona Independent Redistricting Commission's business in meetings open to the public, and failed to adjust the grid map as necessary to accommodate all of the goals set forth [in the Arizona Constitution]." The challenged districts are listed below:[104], The court enjoined the use of any challenged districts in future elections. Lawmakers can make efforts to avoid pairing incumbents within the same district. On December 2, 2019, the court ruled unanimously that elections in 2020 would take place under the remedial maps. Suppose a state has 25 voters who live in a perfect grid. The map was subject to a series of court challenges. 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. Help us deliver content youre most interested in. 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. In the 2020 election, President Biden won Travis County, which includes Austin, by 45 percentage points. [332], In June 2012, Democrats assumed a one-vote majority in the Wisconsin State Senate as the result of a series of recall elections. I do that with some reluctance because I could use all the help that I can get in making this decision." New maps are drawn to keep the population in each congressional district roughly even. The order set the following deadlines for revising the district map:[219], The order noted that the court would adopt a remedial plan on its own if the state legislature and governor did not submit a plan. 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. Republicans are on guard for Democratic gerrymanders in New York, Illinois, Oregon and Maryland. It was signed into law on September 6, 2011. Two separate suits were filed in Denver District Court. 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. On June 25, 2013, however, the United States Supreme Court issued its ruling in Shelby County v. Holder, which effectively removed the preclearance mechanism from the Voting Rights Act. The panel's opinion read, in part, as follows:[257][258], On October 31, 2011, the politician redistricting commission issued its state legislative district proposal. "[17][18], A three-judge federal district court panel rejected the challenge, but the case was appealed to the United States Supreme Court. On July 20, 2011, the legislature approved a congressional redistricting plan, which was signed into law by Governor Scott Walker on August 9, 2011. The court ordered state lawmakers to redraw the lines for the following districts:[22][23], New state legislative district maps were adopted in May 2017. [261][35], Following the 2010 United States Census, Tennessee neither gained nor lost congressional seats. On February 1, 2012, the state legislature passed an amended version of this plan by a two-thirds vote. Writing for the majority, Judge Barbara Milano Keenan said, "Overwhelming evidence in this case shows that, contrary to this constitutional mandate, the state has sorted voters into districts based on the color of their skin." [118][35], Following the 2010 United States Census, New Hampshire neither gained nor lost congressional seats. Smith wrote the following in his memorandum opinion:[211][212], Baylson wrote the following in his dissent:[213], On December 29, 2017, the Commonwealth Court of Pennsylvania issued its "Recommended Findings of Fact and Conclusions of Law" in League of Women Voters of Pennsylvania v. the Commonwealth of Pennsylvania, a case dealing with alleged partisan gerrymandering of the state's congressional district plan. C) must be approved by Congress. The new map makes lesser changes to the districts of three other Republicans, Reps. Lawyers representing Republican members of Congress from Virginia had warned that, without a delay, candidates would have to run two-front campaigns in five districts, running in both the districts as composed by the legislature and the new districts drawn up by the lower court. 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. Changes to district maps can alter the balance of power in Congress and in the states. These new maps resembled the second interim maps issued by the district court. Instead, the court sent the case back to federal district court for further review. [333] On March 22, 2012, the United States District Court for the Eastern District of Wisconsin ruled that two state Assembly districts violated the Voting Rights Act. In June 2012, the court ruled in favor of the plaintiffs and ordered that new maps be approved by January 2012. ), Intervenors' proposal (i.e., a group of Republican candidates, party officials, and activists), United States District Court for the Middle District of Pennsylvania, Redistricting in Rhode Island after the 2010 census, Redistricting in South Carolina after the 2010 census, United States District Court for the District of South Carolina, Redistricting in South Dakota after the 2010 census, Redistricting in Tennessee after the 2010 census, Redistricting in Texas after the 2010 census, United States District Court for the Western District of Texas, United States Court of Appeals for the 5th Circuit, unconstitutionally diluted the voting rights of racial minority groups, Redistricting in Utah after the 2010 census, Redistricting in Vermont after the 2010 census, Redistricting in Virginia after the 2010 census, United States District Court for the Eastern District of Virginia, Alabama Legislative Black Caucus v. Alabama, Bethune-Hill v. Virginia Board of Elections, Redistricting in Washington after the 2010 census, Redistricting in West Virginia after the 2010 census, United States District Court for the Southern District of West Virginia, Redistricting in Wisconsin after the 2010 census, United States District Court for the Eastern District of Wisconsin, United States District Court for the Western District of Wisconsin, Redistricting in Wyoming after the 2010 census, Map of Redistricting websites for each State, Purdue University List of State Redistricting Web sites, State legislative and congressional redistricting, Partisan balance of redistricting committees, https://ballotpedia.org/wiki/index.php?title=State_Legislative_and_Congressional_Redistricting_after_the_2010_Census&oldid=8738962, District maps enacted after the 2010 Census, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Congressional districts 1, 4, 5, 7, 8, 9, 10, 11, and 12, State Senate districts 8, 10, 11, 12, 14, 18, 22, 27, 32, and 36, State House districts 24, 32, 51, 52, 55, 60, 62, 63, 75, 76, 83, 91, 92, 94, and 95. After a long court battle over North Carolinas maps, the Supreme Court found that partisan gerrymandering claims present political questions beyond the reach of the federal courts, though it said nothing about the state courts. That reshuffling is known as reapportionment. On August 3, 2011, the Nevada First Judicial District Court appointed a three-member panel to draft a new congressional district map. The court ordered the commission to redraw the map. At the time of the ruling, Republicans controlled the House of Delegates, holding 51 seats to Democrats' 48. [69], Following the completion of the 2010 United States Census, Illinois lost one congressional seat. On May 23, 2016, the court announced its decision in the case, Wittman v. Personhuballah. On November 16, 2011, the legislature approved new congressional district boundaries, which were signed into law by the governor on November 21, 2011. Instead, it asked the parties to the suit to submit briefs by August 31, 2018, "addressing whether this Court should allow the State to conduct any future elections using the 2016 Plan. The United States Court of Appeals for the 4th Circuit affirmed Bredar's decision on November 12, 2014. The court, however, stopped short of issuing a final decision:[267][268], On March 10, 2017, the United States District Court for the Western District of Texas ruled that some of the congressional district boundaries adopted by the state legislature in 2011 had been drawn with racially discriminatory intent. [100][35], On December 22, 2017, the League of Women Voters of Michigan, along with a group of Michigan Democrats, filed suit in federal court alleging that Michigan's congressional and state legislative district plans represented unconstitutional partisan gerrymanders (i.e., the plaintiffs argued that the state's district maps gave an unfair advantage to Republicans over Democrats). Perry signed the maps into law. It next went to Gov. [229][230], On February 9, 2018, Senate President Pro Tempore Joe Scarnati (R) and House Speaker Mike Turzai (R) filed a remedial congressional district plan with Governor Tom Wolf (D). All independent panels are not equal. At the time, partisan control of the legislature was divided; Democrats held the state Senate while Republicans held the state House. Republicans have complete control over the redistricting process in 20 states, Democrats in 10 states. The case law says they have no choice. [238], Justices Debra Todd, Christine Donohue, Kevin M. Dougherty, and David N. Wecht formed the court's majority. We can draw them to fairly reflect the population: Blue gets three seats, Red gets two seats. A C. 10. The court found that the General Assembly of North Carolina had placed too many minority voters into a small number of districts, thereby diluting the impact of their votes. Alabama Legislative Black Caucus v. Alabama established that "where a challenger succeeds in establishing racial predominance, the burden shifts to the State to 'demonstrate that its districting legislation is narrowly tailored to achieve a compelling interest. The new state House map reduced the number of majority-minority districts from 13 to 11. Congressional redistricting is a vital and politically charged issue. On November 13, 2015, circuit court judge George Reynolds rejected this request, saying, "It appears to me that we just don't have enough time left to engage in any process, other than the one we are currently on. Packing is when maps are drawn to cram the members of a demographic group, like Black voters, or voters in the opposing political party, into one district or as few districts as possible. 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. Every 10 years, the U.S. Census Bureau releases a new census, which documents population growth patterns across the country. Drafts of the new district maps were slated to be released in advance of expected public hearings on August 22 or 23. 2020 Redistricting is the process by which new congressional and state legislative district boundaries are drawn. To submit a letter to the editor for publication, write to. [119][120], Following the 2010 United States Census, New Jersey lost one congressional seat. Each state has its own process. [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. "[336], On January 27, 2017, the court ordered state lawmakers to draft a remedial redistricting plan for use in the November 2018 election. A redistricting plan was adopted by the legislature on July 26, 2011. See Rucho v. Common Cause for more information. You are now signed up to receive the MSUToday Weekly Update. Since Rucho, mapmakers could insist that a racial gerrymander was merely a partisan gerrymander if the racial group in question voted predominantly for one party. Rather, it is the carefully crafted will of the map drawer that predominates. Well, we can actually turn right back to Austin. Judges Denise Hood and Gordon Quist, appointed to the bench by Presidents Clinton and George H. W. Bush (R), respectively, joined Clay's opinion. The district court panel overseeing the case issued an order adopting Persily's recommendations on January 19, 2018. Chief Justice Thomas Saylor said the following in a statement: "Threats of impeachment directed against Justices because of their decision in a particular case are an attack upon an independent judiciary, which is an essential component of our constitutional plan of government. While Petitioners characterize the level of partisanship evident in the 2011 Plan as 'excessive' and 'unfair,' Petitioners have not articulated a judicially manageable standard by which this Court can discern whether the 2011 Plan crosses the line between permissible partisan considerations and unconstitutional partisan gerrymandering under the Pennsylvania Constitution. The word gerrymander arose only in 1812, when Gov. 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. On October 20, 2011, O'Malley signed the map into law. Drew Compton, an aide to state Senate President Pro Tempore Joe Scarnati (R), said, "Even though it's not always a flattering process, [Brobson] found [the map] to be constitutional on all grounds. Once these districts are drawn, in each election, voters in each district elect one representative from the district to take a seat in a legislative chamber, such as the U.S. House of Representatives, or, closer to home, the Michigan House or Senate. [214][215][218], On January 22, 2018, the Pennsylvania Supreme Court issued an order striking down the state's congressional district map, finding that the map "clearly, plainly and palpably violates the Constitution of the Commonwealth of Pennsylvania."
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