Category Archives: redistricting

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

“Alaska Redistricting Board adopts final political map after landmark gerrymandering ruling”

May 16, 2023, 2:53 pmredistrictingDerek Muller

Anchorage Daily News: The Alaska Redistricting Board unanimously approved the state’s final political map Monday after twice being found engaging in unconstitutional partisan gerrymandering. In a landmark decision in April, the Alaska Supreme Court ruled explicitly for the first… Continue reading

“In Black-led Compton, a Latino majority fights for political power”

May 16, 2023, 9:13 amredistrictingDerek Muller

Washington Post.

Media roundup of the appeal in Alexander v. South Carolina State Conference of the NAACP

May 16, 2023, 4:42 amredistricting, Supreme CourtDerek Muller

Bloomberg CNN New York Times Politico SCOTUSblog Washington Post

Supreme Court will hear South Carolina racial gerrymandering case

May 15, 2023, 7:25 amredistrictingDerek Muller

Appeal from a three-judge panel decision in South Carolina in Alexander v. S.C. Conference of the NAACP. Earlier ELB coverage on the panel decision is here. That panel found that South Carolina’s First Congressional District was a racial… Continue reading

New Issue: Fordham Law Voting Rights and Democracy Forum

May 14, 2023, 4:51 amredistricting, Uncategorizedfelon disenfranchisement, New Scholarship, rank choice votingTabatha Abu El-Haj

Tired of the 24 hour news cycle? Check out the final issue of the inaugural Fordham Law’s Voting Rights and Democracy Forum. With articles written by both established scholars in the field and JD candidates, it is a refreshing change… Continue reading

Voting Rights Groups Settle Racial Gerrymandering Case in Florida

May 10, 2023, 4:47 amredistrictinglocal elections, racial gerrymander, settlementTabatha Abu El-Haj

Voting rights groups reach a settlement with Jacksonville City Council, which agreed to continue using maps ordered by a federal court that provide fair representation to Black communities through the next redistricting cycle after the 2030 Census. This largely settles… Continue reading

“Federal judge grants injunction in Boston redistricting case: ‘The ball is back in the City Council’s court.’”

May 9, 2023, 9:14 amredistricting, Voting Rights Actlocal redistrictingTabatha Abu El-Haj

Boston Globe: The City of Boston’s new maps for City Council have been enjoined and must be redrawn before the November elections. “’Plaintiffs have demonstrated a likelihood of success in showing that race played a predominant role in the… Continue reading

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