Last week, a three-judge district court unanimously held that twenty-seven Michigan state house, state senate, and congressional districts are unconstitutional partisan gerrymanders. The consequences of the decision are important. If it’s upheld, Michigan will have fair district maps in 2020… Continue reading

My article on unifying disparate impact law has just come out in the Yale Law Journal. Here’s the abstract: The last decade has seen the largest wave of franchise restrictions since the dark days of Jim Crow. In response to… Continue reading

Tonja Jacobi and Matthew Sag for SCOTUS OA: Rucho v. Common Cause and Lamone v. Benisek are the last chance the Court has before the 2020 census to do something about partisan gerrymandering. So, with the future of democracy in… Continue reading

More than thirty years ago, Sandy Levinson wrote an article called “Gerrymandering and the Brooding Omnipresence of Proportional Representation.” The article is old but its title was as apt as ever in today’s oral arguments in Rucho and Lamone, in… Continue reading

What will happen in the 2020 redistricting cycle if the Supreme Court follows the advice of the defendants in the Maryland and North Carolina cases and holds that partisan gerrymandering claims are nonjusticiable? Some may think that, in that event,… Continue reading

A nice analysis by FiveThirtyEight using the partisan bias metric and covering North Carolina’s congressional plan (extremely skewed in Republicans’ favor), the court-drawn remedial plan in Pennsylvania (almost perfectly neutral), and all congressional plans currently in effect (exhibiting a significant… Continue reading

A new column of mine in Slate, based on my new paper with Chris Warshaw. In a nutshell, we found that Kagan was right. A party disadvantaged by gerrymandering fails to contest more districts. The candidates it does nominate have… Continue reading

The following is a guest post from Jon Eguia: In a previous post I introduced a measure of partisan advantage in redistricting. This measure compares the election outcome to a benchmark seat distribution that is not directly influenced by… Continue reading

The following is a guest post from Jon Eguia: I propose a measure of partisan advantage in redistricting. A distinctive feature of this measure is that it captures only the partisan advantage that is due to the redistricting map… Continue reading

The federal court redrawing portions of Virginia’s House of Delegates map recently announced the new configuration of the district lines. PlanScore evaluated both the old plan and the new one. As you can see below, the improvement is dramatic.… Continue reading

In yesterday’s post, I described the data and methods that Chris Warshaw and I use in a new paper on the effects of partisan gerrymandering on parties’ associational activities. Today I’ll discuss our findings and their implications. In a… Continue reading

In her concurring opinion in Whitford, Justice Kagan suggested that partisan gerrymandering might be unconstitutional not just because it dilutes the votes of a party’s supporters but also because it burdens their associational rights. “Members of the ‘disfavored party’… Continue reading

It’s not interesting that Mitch McConnell isn’t a fan of H.R. 1. He was the lead plaintiff against the last major campaign finance reforms that Congress passed. So of course he isn’t going to like H.R. 1’s heightened disclosure requirements,… Continue reading

I mentioned the other day that H.R. 1 would revolutionize American redistricting by requiring congressional maps to be designed by independent commissions. The bill would spark equally radical change in how congressional campaigns are financed, by creating two separate public… Continue reading