Category Archives: redistricting

Richard Bernstein: Time to Unanimously Dismiss Moore v. Harper on Jurisdictional Grounds

May 7, 2023, 6:23 pmlegislation and legislatures, redistricting, Supreme CourtRick Hasen

The following is a guest post from Richard Bernstein, who wrote an amicus brief supporting affirmance in Moore v. Harper but who expresses his own views here: Whatever your view of the Elections Clause issues in Moore v. Harper, the… Continue reading

“Why so many women are on the way out after making historic gains in N.J. Legislature”

May 7, 2023, 4:46 pmpolitical parties, primaries, redistrictingJustin Levitt

Redistricting and the “party line” in New Jersey primaries receive some (but not all) of the blame.

“Three Cases in North Carolina, Decades of Democracy Undone”

May 7, 2023, 4:45 pmelection administration, election law and constitutional law, felon voting, judicial elections, redistricting, The Voting WarsJustin Levitt

Gene Nichol spitting fire in Slate.

“There’s only one way to fix gerrymandering (and it’s not through the courts)”

May 7, 2023, 4:44 pmlegislation and legislatures, redistrictingJustin Levitt

In The Hill, Grant Tudor and Beau Tremitiere highlight their report on the congressional single-member-district statute. I think various institutions in several states might want a word about the “only one way” in the headline (which op-ed columnists usually… Continue reading

“How to Police Gerrymanders? Some Judges Say the Courts Can’t.”

May 5, 2023, 9:48 amelection law and constitutional law, political parties, redistrictingJustin Levitt

The NYT “teaches the controversy” about policing partisan gerrymandering. I have to say, I agree with some of the line-drawing concerns when it comes to deciding how much is too much. Which is why I’ve argued for a… Continue reading

More Moore

May 4, 2023, 8:54 pmelection law and constitutional law, redistricting, Supreme CourtJustin Levitt

The Court has asked for another round of briefing on what the heck should happen in Moore v. Harper, the current vehicle for the “independent state legislature” challenge, now that the North Carolina Supreme Court has said that the… Continue reading

“Colorado county flouts state law aimed at curbing gerrymandering”

May 4, 2023, 8:46 pmredistrictingJustin Levitt

The intersection of redistricting and home rule is a sweet spot for local government conflict. The Denver Post has an update on Weld County.

“Independent State Legislature” Theory, North Carolina, and Ohio

May 1, 2023, 7:43 pmelection law and constitutional law, Elections Clause, legislation and legislatures, redistricting, Supreme CourtJustin Levitt

Vik Amar and Jason Mazzone suggest that the Court grant cert. pronto in Huffman v. Neiman, the Ohio partisan gerrymandering case, as it considers whatever just happened in North Carolina. Rick had similar thoughts.

“North Carolina Gerrymander Ruling Reflects Politicization of Judiciary Nationally”

May 1, 2023, 7:42 amjudicial elections, redistrictingJustin Levitt

The NYT with a broader perspective on the North Carolina state Supreme Court’s decision to overturn a decision issued just four months earlier, with Supreme Court elections the only meaningful change in between.

Updated: In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution

April 28, 2023, 10:09 amredistricting, Supreme CourtRick Hasen

[This post has been updated] In a 5-2 decision along partisan lines, the North Carolina Supreme Court held that it cannot consider partisan gerrymandering claims under the state constitution. This ruling overturns an earlier ruling of the state supreme… Continue reading

What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case?

April 28, 2023, 10:04 amredistricting, Supreme CourtDerek Muller

What a mess. Rick H. links to the North Carolina Supreme Court’s decision in the partisan gerrymandering cases. The congressional piece of that is in front of the United States Supreme Court right now. Earlier, I blogged about how “mootness”… Continue reading

Mitchell on gov’t agencies at the RNC donor retreat

April 24, 2023, 7:38 amelection administration, NVRA (motor voter), redistricting, voter registrationJustin Levitt

As this blog noted, Cleta Mitchell was invited to give a “special legal presentation” to a recent RNC donor retreat — either because of or despite her role in proceedings attempting to overturn the 2020 election. There has already… Continue reading

“Alaska Supreme Court, in landmark ruling, says partisan gerrymandering violates state constitution”

April 22, 2023, 11:18 amredistrictingRick Hasen

ADN: In a landmark decision, the Alaska Supreme Court ruled Friday that partisan gerrymandering is unconstitutional under the Alaska Constitution’s equal protection doctrine. The decision follows a contentious recent reapportionment cycle: The Alaska Redistricting Board was twice found by the… Continue reading

” Gov. Hochul’s top court picks could help tip the balance of Congress”

April 14, 2023, 7:21 amredistrictingRick Hasen

Gothamist: Gov. Kathy Hochul’s latest picks for New York’s highest court could play a key role in deciding whether the state will rip up its congressional district maps and start over — a move that could help determine which party… Continue reading