- Joined
- Dec 6, 2010
- Messages
- 33,422
- Reaction score
- 5,683
Thread Index:
Will the Supreme Court strike down extreme partisan gerrymandering?
Thomas P. Wolf and Michael C. Li
http://www.latimes.com/opinion/op-ed/la-oe-wolf-li-gerrymander-20170925-story.html
- Florida appeals court reverses ruling on DeSantis’s congressional maps (Dec 1, 2023)
- In Nevada, gerrymandering claims come from all sides (Dec 15, 2021)
- Texas Democrats eye redistricting fights in state court as federal suits over gerrymandering mount (Dec 16, 2021)
- Virginia’s new redistricting commission prepares to take applications from the public (Nov 27, 2020)
- Disputed Redistricting Reform on Ballot in Virginia (Oct 11, 2020)
- Supreme Court ruling on gerrymandering doesn’t change Michigan’s independent redistricting commission plan (June 27, 2020)
- Supreme Court says federal courts have no role in policing partisan redistricting (June 27, 2019)
- Federal Court Throws Out Ohio's Congressional Map (May 3, 2019)
- Federal judges toss Maryland congressional map for partisan gerrymandering (11/07/2018)
- California offers NC a model for elections without gerrymandering (September 05, 2018)
- Supreme Court vote 9-0 to send Wisconsin and Maryland gerrymandering cases back to lower courts (June 18, 2018)
- Supreme Court refuses to stop new congressional maps in Pennsylvania (March 19, 2018)
- States introduce bills to counter gerrymandering (Feb. 25, 2018)
- How to Kill Partisan Gerrymandering (Feb 11, 2018)
- Pennsylvania's Supreme Court struck down the state's election districts on the grounds of gerrymandering (Jan 29, 2018)
- The Supreme Court Is Finally Tackling Gerrymandering (Jan 19, 2018)
- Supreme Court gerrymandering ruling hangs on Justice Kennedy (Oct 13, 2017)
- For the first time, the Supreme Court seems receptive to putting limits on partisan gerrymanders (Oct 3, 2017)
- What Ohio can learn from California to eliminate gerrymandering (Sep 06, 2017)
- Arnold Schwarzenegger’s fight for redistricting reform could be his best role yet (Sep 9, 2017)
- Will the Supreme Court strike down extreme partisan gerrymandering?
Will the Supreme Court strike down extreme partisan gerrymandering?
Thomas P. Wolf and Michael C. Li
The U.S. Supreme Court this fall will hear a series of blockbuster cases dealing with core constitutional rights and basic national values. Among the most important is Gill vs. Whitford, a Wisconsin case that asks the justices to address the toxic threat of partisan gerrymandering. With Whitford, Americans — who by wide margins say they are fed up with gerrymandering — may finally get the breakthrough they have long sought.
To start, the Wisconsin voters who brought the case aren’t asking the court to rule on everything that’s problematic about the ways our districts are created and our legislatures operate. They simply want the court to determine if Wisconsin’s General Assembly map — a textbook example of extreme gerrymandering — is beyond the constitutional pale. (Of course, a ruling against Wisconsin would have ramifications for extreme gerrymanders elsewhere in the country.)
When the court considers Wisconsin’s extreme map, two facts should help soothe twin concerns that it expressed when it last addressed the constitutionality of partisan gerrymandering in the mid-2000s: that unconstitutional gerrymanders are too hard to separate from run-of-the-mill, legal ones and that a ruling by the court banning certain kinds of gerrymanders might lead to a flood of redistricting litigation.
For now, Wisconsin-type extreme gerrymandering is likely limited to a handful of congressional maps and less than a dozen state legislative maps. And its harm — the decade-long entrenchment of a single party — is a particularly stark one, both because it is so flagrant and because it so clearly violates core American commitments to representative and accountable legislatures.
New developments in social science should also help the court feel more comfortable with policing extreme gerrymanders. Since the mid-2000s, many novel methods have emerged to reliably flag maps that are biased in favor of one party. These methods include both measures of “partisan symmetry” (which show when a map favors one party over another in translating votes into seats) and simulated mapping applications (which show when maps are biased at a level that could only be intentional). Many of the worst maps, including Wisconsin’s, violate multiple such methods, making them easy cases.
Current and former elected officials from both parties — including Sen. John McCain (R-Ariz.), Sen. Sheldon Whitehouse (D-R.I.), former Republican Gov. Arnold Schwarzenegger of California, Republican Ohio Gov. John Kasich, and Rep. Nancy Pelosi (D-Calif.) — have joined together to demand a judicial response to the problem. This bipartisan chorus demonstrates that the Wisconsin case isn’t about which party wins. Instead, it’s about whether voters will get representative and accountable legislatures.
These calls are being echoed by legions of political scientists, law professors, historians, legal advocates, civil rights organizations and civil society groups. Their expertise and experience tell them the same thing that elected officials have learned from their time in office: Partisan gerrymandering has reached an intolerable limit, by any measure and any framework.
Maps are only going to get more extreme if gerrymandering isn’t curbed now. During the 2010 cycle, crafty mapmakers used extensive voter data and powerful mapping programs to expertly pack voters and entrench their parties. Since then, computers have only gotten faster, voter data richer, and mapping programs more sophisticated. These developments threaten to make precise, pernicious gerrymandering easier than ever.
With the next round of redistricting coming in 2021, relief from the Supreme Court couldn’t come soon enough.
http://www.latimes.com/opinion/op-ed/la-oe-wolf-li-gerrymander-20170925-story.html
Last edited: