Category Archives: redistricting
Still More on a 1st Amendment Theory of Gerrymandering
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?
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”
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”
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
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
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”
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
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”
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
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”
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
Foley: Originalism and Election Law (or, The Difference between Reynolds and Benisek)
The following is the third in a series of guest posts on Benisek v. Lamone by Ohio State’s Ned Foley.
Edward B. Foley
Originalism and Election Law (or, The Difference between Reynolds and Benisek)
This blog essay is the… Continue reading
“Pa. Republican state legislator moves to impeach four state Supreme Court justice”
Philly Inquirer:
One day after federal courts declined to block the new congressional map from taking effect, a Republican state representative introduced resolutions to impeach the four Democrats on Pennsylvania’s Supreme Court who ruled to impose the map in time… Continue reading