C. must be approved by Congress. In these circumstances, the displacement to the judiciary of the political responsibility for redistricting -- which is assigned to the General Assembly by the United States Constitution -- appears to me to be unprecedented. At the time of redistricting, Democrats controlled both chambers of the state legislature; a Republican held the governorship. The governor signed it into law on August 1, 2011. They had a chance to fix their maps and doubled down instead and now the courts will fix it for them." As Republican David Lewis, the chairman of the state legislature's redistricting committee, put it, "I propose we draw the maps to give an advantage to 10 Republicans and 3 Democrats, because I do . How Redistricting Affects The Battle For State Legislatures If you're having However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering. "Redistricting is the process of drawing electoral district maps. The following was the question before the court:[90], On December 8, 2015, the court issued its ruling in the case, reversing the decision of the Fourth Circuit and remanding the case for further proceedings. On January 31, 2018, attorneys for Pennsylvania State Senate President Pro Tempore Joe Scarnati (R) submitted a letter to the court indicating that Scarnati would not furnish the court with the requested data: "In light of the unconstitutionality of the Court's Orders and the Court's plain intent to usurp the General Assembly's constitutionally delegated role of drafting Pennsylvania's congressional districting plan, Senator Scarnati will not be turning over any data identified in the Court's Orders." Redistricting, as its called, is a hot-button issue across the country and every 10 years, it can change how a state votes. [246], On March 20, 2018, Rep. Cris Dush (R) introduced the following impeachment resolutions against the four justices who signed onto the state supreme court's ruling in League of Women Voters of Pennsylvania v. the Commonwealth of Pennsylvania:[247], Dush argued that these four justices, all Democrats, exceeded their authority by imposing a new district map, an action that, Dush argued, is the prerogative of the legislative and executive branches. New maps could, of course, face legal challenges, but those challenges take time, and often fail. Alabama. The Richmond Times-Dispatch described this map as follows:[304], In January 2016, a group of Republican lawmakers, including Representatives Rob Wittman, Bob Goodlatte, J. Randy Forbes, Morgan Griffith, Scott Rigell, Robert Hurt, David Brat, and Barbara Comstock, petitioned the Supreme Court of the United States, asking that the court halt the use of this newly drawn map. The court ruled 2-1 on the matter, with Judges Kenneth Ripple and Barbara Crabb forming the majority. They broke up heavily Democratic Portland carved up into three districts since 2011 into four districts, forking outward into rural areas in the state. [35], On July 27, 2011, the General Assembly of North Carolina approved congressional and state legislative redistricting plans. That requires moving the borders of districts or adding new districts and subtracting old ones to achieve population parity. "[197], Bob Phillips, executive director of Common Cause North Carolina, praised the court's decision: "The court has made clear that partisan gerrymandering violates our state's constitution and is unacceptable. After decades of cracking Austin apart, the citys Democratic vote was growing too large to be diluted by surrounding rural areas. We basically have a Wild West of redistricting. [119][120], Following the 2010 United States Census, New Jersey lost one congressional seat. The comments section is closed. In 2010, Republicans won control of both chambers of the state legislature. David Lewis (R), chair of the House redistricting committee, said, "We do not believe it is appropriate given the court's order in this case for these committees to consider race when drawing districts." The maps' opponents alleged that the 2013 maps, like the original maps adopted in the wake of the 2010 United States Census, unconstitutionally diluted the voting rights of racial minority groups. When it's conducted fairly, it accurately reflects population changes and racial diversity, and is used by legislators to equitably allocate representation in Congress and state legislatures. The court held that the plan, enacted in 2011 by a Republican legislature and governor, violated the First and Fourteenth Amendment rights of Democrats. As a matter of equitable discretion, a preliminary injunction does not follow as a matter of course from a plaintiff's showing of a likelihood of success on the merits. In a press release, Wolf said, "The analysis by my team shows that, like the 2011 map, the map submitted to my office by Republican leaders is still a gerrymander. Because the present suit is indisputably 'an action challenging the constitutionality of the apportionment of congressional districts,' the District Judge was, We now note our jurisdiction and review the District Court's decision for an abuse of discretion, keeping in mind that a preliminary injunction, as 'an extraordinary remedy never awarded as of right.' District lines are redrawn every 10 years following completion of the United States census. Absolutely. At the time of redistricting, Republicans controlled both chambers of the state legislature. States have often been forced to redraw maps found to have violated the Voting Rights Act or the equal protection clause of the Constitution. The Missouri Supreme Court "agreed with the trial court's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law." But there is wide disagreement over how different factors should be weighted, like geographic continuity, competitiveness, minority representation and partisan fairness. Key findings from McDonald's work are presented below.[5]. This Court recognized that the primary responsibility for drawing congressional districts rested squarely with the legislature, but we also acknowledged that, in the eventuality of the General Assembly not submitting a plan to the Governor, or the Governor not approving the General Assemblys plan within the time specified, it would fall to this Court expeditiously to adopt a plan based upon the evidentiary record developed in the Commonwealth Court. In the election that followed, Democrats lost District 4, marking the first time since Reconstruction that Democrats had not held at least one of the state's congressional seats. On October 7, 2014, the United States District Court for the Eastern District of Virginia struck down the state's congressional map. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. The plaintiffs requested that a three-judge panel of the court be convened to consider the case. On January 12, 2018, the Supreme Court announced that it would hear the case, with oral argument scheduled for April 24, 2018. However, the district court was directed to reconsider its order for special elections in 2017, with the high court finding that the district court had not conducted the proper analysis in determining its remedy. "[331][35], Following the 2010 United States Census, Wisconsin neither gained nor lost congressional seats. [125][126], Following the 2010 United States Census, North Carolina neither gained nor lost congressional seats. Ripple wrote the following in the court's majority opinion:[334][335], Judge William Griesbach dissented and wrote the following in his dissent:[334], The court declined to order a remedy when it issued its ruling. Rather, a court must also consider whether the movant has shown 'that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'. (Madison won anyway.). On November 11, 2011, a group of Democratic voters challenged the new congressional and state legislative district maps in federal court, alleging that the new maps constituted "unlawful racial gerrymandering and a violation the Voting Rights Act." At the time of redistricting, Republicans controlled both chambers of the state legislature, but a Democrat held the governorship. [132][99], On September 27, 2019, opponents of the state's congressional district plan filed suit in state superior court, alleging that the district plan enacted by the state legislature in 2016 constituted a partisan gerrymander in violation of state law. The court prohibited the state from using the map in future congressional elections. The state gained a seat in reapportionment, and the Democrats who control the State Legislature decided to grab it. The Kentucky Supreme Court affirmed the trial court's ruling on February 24, 2012. See Rucho v. Common Cause for more information. Redistricting is the process of redrawing legislative boundaries based o View the full answer Transcribed image text: Redistricting O A. happens every 4 years. On September 27, 2011, the Maine State Legislature approved what All About Redistricting called a "substantially modified version of this plan." They lost. The court ordered that this plan be adopted by the legislature and signed into law by the governor by November 1, 2017. [6], In 2010, Shelby County, Alabama, a jurisdiction subject to preclearance, sued the United States Attorney General, challenging Section 4(b) and 5 as unconstitutional. Lewis said, "Every result from where a line is drawn will be an inherently political thing. Associate Justice Elena Kagan wrote the court's majority opinion, which was joined by Associate Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). Reviewing the evidence outlined above, two themes emerge. Pennsylvania had to redraw its congressional maps in 2018; Texas has had to redraw at least some of its maps every decade since the passage of the Voting Rights Act. In June 2012, the court ruled in favor of the plaintiffs and ordered that new maps be approved by January 2012. Districts determine which voters participate in which elections. C) must be approved by Congress. [69], Following the completion of the 2010 United States Census, Illinois lost one congressional seat. These measures either created or expanded a redistricting commissions' jurisdiction over the process (or reduced legislative authority). On September 19, 2011, the Senate approved a congressional redistricting plan, but the legislature adjourned before the map could be taken up for a vote in the House. The court found that the General Assembly of North Carolina had placed too many minority voters into a small number of districts, thereby diluting the impact of their votes. The legislature revised the state Senate map on March 27, 2012, and it was approved by the state supreme court. [282], On August 28, 2017, Associate Justice Samuel Alito of the Supreme Court of the United States stayed the district court's August 15 ruling on Texas' congressional district plan pending further review by the high court. The state legislative maps were precleared on April 26, 2012. 5) What is the Independent Citizen Commission, what is it doing andhow is your researchinforming it? Drafts of the new district maps were slated to be released in advance of expected public hearings on August 22 or 23. On September 25, 2012, however, the United States Supreme Court reversed this decision, ruling that "the deviation was permissible to attain the goal of keeping counties whole. [331][35], In November 2011, commissioners in Jefferson County challenged the newly enacted congressional district map in federal court. Since Rucho, mapmakers could insist that a racial gerrymander was merely a partisan gerrymander if the racial group in question voted predominantly for one party. On January 10, 2017, the high court issued an order halting the special elections pending appeals. This time, lets say the Blue party enjoys 64 percent support statewide, and the Red party 36 percent. GOP has edge in redistricting as fewer state governments are divided by It is the process of drawing electoral district boundaries in the United States. !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"])for(var e in a.data["datawrapper-height"]){var t=document.getElementById("datawrapper-chart-"+e)||document.querySelector("iframe[src*='"+e+"']");if(t)(t.style.height=a.data["datawrapper-height"][e]+"px")}}))}(); In 2012, voters approved two ballot measures that impacted the redistricting process: In 2011, voters approved one ballot measure (in Maine) that impacted the redistricting process.
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