Category Archives: redistricting

“Did a New York Court Just Hand Democrats Control of Congress in 2024?”

July 18, 2023, 12:59 pmredistrictingDan Tokaji

Slate on last week’s decision from an intermediate state appellate court: “If Thursday’s ruling is upheld by the state’s highest court, both parties believe that Democrats could conceivably hammer out new district lines that conform to the state’s legal standards… Continue reading

“Galveston County’s redistricting plans go to trial next month, in a major test of the Voting Rights Act”

July 18, 2023, 12:44 pmredistricting, Voting Rights ActDan Tokaji

From Houston Public Media: “Next month, a federal trial will take place in Galveston that will mark the first serious test of the Voting Rights Act since the U.S. Supreme Court upheld a key portion of the law in … Continue reading

“Alabama Republicans reject call for 2nd majority Black district, despite Supreme Court ruling”

July 17, 2023, 3:51 pmredistrictingDan Tokaji

AP: “Republicans, who have been resistant to creating a certain Democratic district, proposed a map that would increase the percentage of Black voters in the 2nd congressional district from about 30% to nearly 42.5%, wagering that will satisfy the… Continue reading

“2024 House majority runs through the courts”

July 17, 2023, 4:16 amredistrictingDan Tokaji

Axios: “The outcome of unusual off-cycle redistricting efforts in at least five states — Alabama, Louisiana, New York, North Carolina and Ohio — will play an outsized role in determining which party holds the House majority next year.”

“Alabama rushes to adopt new congressional map amid disagreement on what district should look like”

July 16, 2023, 10:51 amredistricting, Supreme CourtDan Tokaji

AP: “The group of voters who sued the state and won before the Supreme Court have proposed the creation of a second district where Black residents are 50.5% of the population. But Alabama Republicans, who hold a lopsided majority… Continue reading

“Alabama Scrambles to Redraw Its Voting Map After a Supreme Court Surprise”

July 16, 2023, 4:15 amredistricting, Supreme CourtDan Tokaji

NYT: Under orders from the Supreme Court to produce a voting map that no longer illegally dilutes the power of Black voters in Alabama, the state’s lawmakers are now facing a high-stakes scramble to come up with an acceptable… Continue reading

“Alabama Democrats express frustration over redistricting; GOP proposal to get vote Monday”

July 14, 2023, 12:52 pmredistrictingDan Tokaji

AP: “Majority Republican lawmakers have not released their ideas for redrawing Alabama’s congressional districts to comply with a Supreme Court ruling, leading Democrats on Thursday to accuse GOP lawmakers of shutting them, and the public, out of the… Continue reading

Breaking: New York: Divided Intermediate Appellate Court Orders New Congressional Redistricting by Independent Commission as Democrats Requested; Further Appeal Expected

July 13, 2023, 8:03 amredistrictingRick Hasen

You can read the opinion here. Jeff Wice: Breaking News- NY Appellate Court holds for Dems & orders @NYS_IRC to redraw congressional map. Now on to Court of Appeals! @npfandos @Danjanison @RitaCiolli @poozer87 @sarbetter @TimBalk @YanceyRoy @therealjsolo @KaitlynnLisa @NickReisman… Continue reading

“Did Utah’s congressional map go too far? Utah Supreme Court hears the case.”

July 12, 2023, 4:44 amredistrictingDan Tokaji

The Salt Lake Tribune reports on yesterday’s oral argument in League of Women Voters v. Utah State Legislature, concerning whether excessive partisan gerrymandering violates the state constitution.

Utah Supreme Court to Hear Partisan Gerrymandering Argument Today

July 11, 2023, 4:41 amredistrictingDan Tokaji

NYT: On Tuesday, the Utah Supreme Court will consider whether to wade into the increasingly pitched nationwide battle over partisan gerrymanders. The justices will decide whether the state’s courts can hear a lawsuit challenging the House map, or whether… Continue reading

Dissent lock-stepping in New Mexico

July 6, 2023, 6:23 amlegislation and legislatures, redistrictingDerek Muller

Lock-stepping is the sometimes-derided practice of construing a state constitution in “lock step” with the federal constitution. Derided, because the state constitution may well have an independent meaning rather than a meaning designed to mirror the federal constitution. The practice… Continue reading

New Mexico Supreme Court Recognizes Partisan Gerrymandering Claim under State Constitution, Adopting the Standard in Justice Kagan’s Rucho Dissent

July 5, 2023, 2:31 pmredistrictingRick Hasen

Big! Seems like it could be a “novel” interpretation of the state’s law. Will Democrats argue that it “arrogates” the Legislature’s power under Moore v. Harper as applied to congressional elections?

A few more quick thoughts on Moore

June 27, 2023, 9:08 amBush v. Gore reflections, election law and constitutional law, Elections Clause, legislation and legislatures, redistricting, UncategorizedFranita Tolson

Moore v. Harper, much like Allen v. Milligan, was a shocker for me. Given how the posture of the case had changed, I didn’t expect the justices to reach the merits. I’m glad they did. A few thoughts:1) In some… Continue reading

In 2004 Partisan Gerrymandering Case, Justice Scalia Originally Had a Majority with J. Kennedy Joining, and J. Souter Was Going to Concur in the Judgment Not Dissent

May 31, 2023, 7:19 amredistricting, Supreme CourtRick Hasen

I did not have time when I was at the Library of Congress looking at Justice Stevens’ papers to give a close read to the file in Vieth v. Jubelirer, a 2004 partisan gerrymandering case. In that case, four… Continue reading