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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“SCOTUS hearing VA & NC Gerrymandering cases today. Suffice to say, Racial Gerrymandering in Deep South states is even worse”

Dan Smith: Today, the Supreme Court is hearing arguments in gerrymandering cases from North Carolina and Virginia. Plaintiffs claim that GOP lawmakers in the two states excessively packed black voters into congressional and state legislative districts, thus diluting the influence … Continue reading

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