Category Archives: redistricting

Benisek oral argument

March 28, 2018, 11:48 amredistrictingJustin Levitt

After a redistricting treatise this morning, just a snippet of follow-up for now. This morning, I suggested that the question on the substance of a First Amendment claim for the partisan gerrymandering cases — the question in line with… Continue reading

“Extreme Partisan Gerrymandering: The Supreme Court’s Play In 3 Acts”

March 28, 2018, 7:12 amredistrictingRick Hasen

Nina Totenberg for NPR’s Morning Edition: The First Amendment argument, however, appeals, in particular, to the justice whose vote is likely to decide the case, Justice Anthony Kennedy. In 2004, he provided the fifth vote for the court staying out… Continue reading

“Data scientists help courts grapple with increasingly divisive maps”

March 28, 2018, 7:06 amredistrictingRick Hasen

ABA Journal reports.

Still More on a 1st Amendment Theory of Gerrymandering

March 28, 2018, 4:14 amredistricting, Supreme CourtJustin Levitt

In light of today’s Benisek argument, and at the risk of getting banished to another forum (I jest, I think), I offer a modest addition to the Pildes–Stephanopoulos discussion on partisan gerrymandering and the First Amendment. I agree… Continue reading

The Supreme Court Case That Could Transform Politics: The late Antonin Scalia believed the court was powerless to do anything about gerrymandering. Will today’s justices agree?

March 26, 2018, 2:56 pmredistricting, Supreme CourtRick Hasen

I have written this piece for Politico Magazine. It begins: On Wednesday, the Supreme Court hears arguments in Benisek v. Lamone, a case about whether Maryland violated the First Amendment rights of Republican voters by redrawing the state’s congressional districts… Continue reading

“Facing unfriendly new map, Pennsylvania GOP congressman won’t seek reelection”

March 26, 2018, 7:28 amredistrictingRick Hasen

WaPo: Costello had been considering the decision since February, when the Pennsylvania Supreme Court drew a new map to replace a gerrymander that Republicans put into place seven years ago. The 6th District, which had cut through three suburban counties… Continue reading

“America’s Warped Elections”

March 26, 2018, 7:19 amredistrictingRick Hasen

Michael Li and Laura Royden NYT oped: We conducted an analysis to measure how hard it would be for Democrats in each state to win additional seats under these gerrymandered maps. The results are sobering. In 2006, a roughly five-and-a-half-point… Continue reading

Foley: Congressional Gerrymanders and Article I: a Reply to Professor Maltz’s Response

March 26, 2018, 7:10 amredistrictingRick Hasen

Ned Foley replies to Earl Maltz response on originalism and gerrymandering: Sometimes originalist inquiry leads to unexpected conclusions. Texas v. Johnson, the flag burning case, serves as a good illustration of this. Upon initial examination, it is easy to be… Continue reading

Maltz: Originalism and Partisan Gerrymandering: A Response to Professor Foley

March 24, 2018, 8:13 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Professor Earl Maltz of Rutgers Law: In a recent series of blog posts drawn from a forthcoming article in the Georgia Law Review, Professor Edward B. Foley argues that a successful constitutional… Continue reading

“Maryland Republicans take electoral map fight to U.S. high court”

March 23, 2018, 8:51 amredistricting, Supreme CourtRick Hasen

Lawrence Hurley for Reuters: Eyler, a retired business owner in the small town of Thurmont roughly 55 miles north of the U.S. capital, said he thinks he and others like him were being targeted by the Democrats because of their… Continue reading

Foley: Benisek, Its Current Procedural Posture, and What Happens Next

March 22, 2018, 9:28 pmredistricting, Supreme CourtRick Hasen

The following is the fifth and final in a series of guest posts on Benisek v. Lamone by Ohio State’s Ned Foley. Edward B. Foley This blog essay is the last in a series derived from a contribution to… Continue reading

“Supreme Court Avoids Bush v. Gore II in Ducking Pennsylvania Redistricting Controversy”

March 22, 2018, 1:47 pmBush v. Gore reflections, redistricting, Scalia, Supreme CourtRick Hasen

I have written this blog post over at the Harvard Law Review blog. It begins: After waiting, and waiting, and waiting, the United States Supreme Court finally answered the question whether it would heed Pennsylvania Republicans’ calls… Continue reading

Foley: Shelby County, Structural Originalism, and Congressional Gerrymanders

March 22, 2018, 7:21 amredistricting, Supreme CourtRick Hasen

The following is the fourth in a series of guest posts on Benisek v. Lamone by Ohio State’s Ned Foley. Edward B. Foley This blog essay is the fourth in a series derived from a contribution to a University… Continue reading

“Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA”

March 22, 2018, 7:18 amredistricting, Supreme CourtRick Hasen

Guy Charles and Luis Fuente-Rohwer have posted this draft on SSRN (forthcoming, William and Mary Law Review). I agree with some but disagree with other key parts of this interesting and important paper. Here is the abstract: This article explores… Continue reading