Daniel Magleby and Michael D. McDonald have written this draft for ELJ. Here is the abstract:
The Roberts Court has turned over efforts to limit gerrymanders to politics and willing state courts. Scholars have proposed several methods for evaluating… Continue reading
Daniel Wodak has posted this paper (forthcoming, Northwestern University Law Review). Here is the abstract:
Malapportionment—electoral districts with divergent ratios of people to representation—was ruled to be unconstitutional in a widely venerated series of cases before the Warren Court. Those… Continue reading
Jacob Hooper has written this student note for the George Mason Law Review. Here is the abstract:
The Supreme Court’s 2023 Allen v. Milligan decision upheld Thornburg v. Gingles from 1986. Gingles established preconditions creating majority-minority districts to protect a… Continue reading
NYT:
President Trump’s return to Washington has tested the bounds of presidential power and set off alarms among Democrats, historians and legal scholars who are warning that the country’s democratic order is under threat.
But a close review of… Continue reading
Sam Wang and Zacharia Sippy have posted this draft on SSRN (forthcoming, Duke Journal of Constitutional Law & Public Policy). here is the abstract:
In the last decade, redistricting commissions have proliferated across the United States as a means of… Continue reading
Bolts:
Ohioans on Tuesday rejected Issue 1, a ballot measure that would have created a new independent redistricting commission and stripped elected politicians of their power to draw congressional and legislative districts.
The result is a blow to the democracy… Continue reading
Nick Stephanopoulos:
Of the major democracy-related initiatives (not including AK & NV, where votes aren't in yet), only Maine's limit on Super PAC donations looks to be passing now. RCV is going down in AZ, CO, and ID, and… Continue reading
The Court noted probable jurisdiction both the state’s and the LDF’s appeals. The cases are consolidated for argument. It will present another opportunity for the Court to address the “race or party” problem endemic in these racial gerrymandering cases.
New Brennan Center analysis: “Some of this decade’s congressional maps are models of fairness; others are decidedly not. Both parties engaged in gerrymandering after the 2020 census, but, overall, the bias in this cycle’s maps strongly favors Republicans due primarily… Continue reading