Justice Ginsburg’s First Draft in Evenwel Said Use of Total Population, Rather Than Voters, Required and Not Just Permitted

From RBG’s must-read interview with AP’s Mark Sherman:

Ginsburg was pleased with her majority opinion in yet another case from Texas in which the court upheld the state’s decision to count everyone, and not just eligible voters, in drawing its electoral districts. A ruling against the state would have diminished Hispanic political clout because, as Ginsburg noted, their population includes many who are not citizens. Also, she said, “Hispanics have a lot more children,” who also are ineligible to vote.

Her opinion said that using total population was permissible, but it stopped short of declaring that Texas and the rest of the states must count everyone. “I didn’t say it. I was writing for the court. … All things considered, you want to have as many people on board as you can,” she said, stressing the need to sometimes compromise to form or add to a majority. “So I had many first drafts written the way they’d be written if I were queen and they’ll be in my papers some day.”

Let us hope that Justice Ginsburg, a big believer in transparency, makes her papers available just as soon as she leaves the Court.

Update: It looks like the Evenwel grafs are gone from the current version of the AP story, but you can still find them here.

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