Category Archives: redistricting

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

“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