Analysis: Texas Redistricting Decision Major Victory for Voting Rights Bar and May Pave Way for Texas to Be Back under Federal Supervision

Last night I linked to the extensive ruling and findings of fact and conclusions of law in a very long-running dispute about whether Texas’s congressional districting were a violation of the Voting Rights Act and/or the Constitution. I have now … Continue reading

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“From Educational Adequacy to Representational Adequacy: A New Template for Legal Attacks on Partisan Gerrymanders”

Chris Elmendorf has posted this draft on SSRN.  Here is the abstract: For decades, legal attacks on partisan gerrymanders have foundered on a manageability dilemma: doctrinal standards the Supreme Court has regarded as judicially discoverable have been rejected as unmanageable, … Continue reading

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“Race or Party, Party as Race, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization In Redistricting and Voting Cases”

I have posted this draft on SSRN, for the forthcoming symposium on Redistricting after 2020 at William and Mary.  I think this piece brings together a lot of my thinking (and others’ thinking) on the “race or party” question in … Continue reading

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Breaking: Three-Judge Court Issues Order on Remedy in WI Partisan Gerrymandering Case, Teeing Up Issue for #SCOTUS Review

The three-judge court considering the Wisconsin partisan gerrymandering case, Whitford v. Nichols, has issued this remedial order in the Wisconsin gerrymandering case. It requires the Wisconsin legislature to pass a new plan remedying the partisan gerrymandering found by the court … Continue reading

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In Opinion by #SCOTUS Shortlister J. Pryor, Court Strikes 12 Alabama Districts as Racial Gerrymanders, Partial Dissent by Judge Thompson

In a 457 page opinion (including appendices) by Trump #SCOTUS shortlister William Pryor, a three-judge federal district court in the Alabama racial gerrymandering case has struck down 12 challenged Alabama districts as unconstitutional. Judge Myron Thompson, in a separate 120-page … Continue reading

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