Maps in Four States Were Ruled Illegal Gerrymanders. They’re Being Used Anyway (1 Viewer)

[zztop]

This is why I have no faith in this country anymore

Maps in Four States Were Ruled Illegal Gerrymanders. They’re Being Used Anyway.

A Supreme Court shift, frowning on changes close to elections, gives House Republicans a big advantage in November.

www.nytimes.com

David Wasserman, who follows congressional redistricting for the Cook Political Report, said that using rejected maps in the four states, which make up nearly 10 percent of the seats in the House, was likely to hand Republicans five to seven House seats that they otherwise would not have won.

Some election law scholars say they are troubled by the consequences in the long run.

“We’re seeing a revolution in courts’ willingness to allow elections to go forward under illegal or unconstitutional rules,” Richard L. Hasen, a professor at the U.C.L.A. School of Law and the director of its Safeguarding Democracy Project, said in an interview. “And that’s creating a situation in which states are getting one free illegal election before they have to change their rules.”

Behind much of the change is the Supreme Court’s embrace of an informal legal doctrine stating that judges should not order changes in election procedures too close to an actual election. In a 2006 case, Purcell v. Gonzalez, the court refused to stop an Arizona voter ID law from taking effect days before an election because that could “result in voter confusion and consequent incentive to remain away from the polls.”

The Purcell principle, as it is called, offers almost no guidance beyond that. But the Supreme Court has significantly broadened its scope in this decade, mostly through rulings on applications that seek emergency relief such as stays of lower court rulings, in which the justices’ reasoning often is cryptic or even unexplained.

 

[cuddlemonkey]

BAD - "We don't want those black people in that area to get their own congressperson!"

GOOD - "We don't those Democrats* in that area to get their own congressperson!"

*who just happen to be mostly black

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NASHVILLE, Tenn. (AP) — A federal judicial panel has dismissed a lawsuit alleging that Tennessee's U.S. House maps and those for the state Senate amount to unconstitutional racial gerrymandering.

“In sum, the complaint alleges facts that are consistent with a racial gerrymander," stated the ruling, which was issued Wednesday. "But the facts are also consistent with a political gerrymander.”

The complaint was the first court challenge over a 2022 congressional redistricting map that carved up Democratic-leaning Nashville to help Republicans flip a seat in last year’s elections, a move that critics claimed was done to dilute the power of Black voters and other communities of color in one of the state's few Democratic strongholds.

The lawsuit also challenged state Senate District 31 in majority-Black Shelby County, including part of Memphis, using similar arguments and saying that the white voting age population went up under the new maps. A Republican now holds that seat.

However, the three federal judges who wrote the ruling argued there was another clear motivation behind Tennessee’s Republican state legislative supermajority by pointing to “naked partisanship" as the likely “straightforward explanation.”

In 2019, the U.S. Supreme Court ruled that disputes over partisan gerrymandering of congressional and legislative districts are none of its business, limiting those claims to state courts under their own constitutions and laws. Most recently, the high court upheld South Carolina’s congressional map in a 6-3 decision that said the state General Assembly did not use race to draw districts based on the 2020 Census.

In Tennessee's case, the plaintiffs included the Tennessee State Conference of the NAACP, the African American Clergy Collective of Tennessee, the Equity Alliance, the League of Women Voters of Tennessee and several Tennessee voters, including former Democratic state Sen. Brenda Gilmore.

After Nashville was splintered into three congressional districts, former Democratic U.S. Rep. Jim Cooper of Nashville declined to seek reelection, claiming he couldn't win under the new layout. Ultimately, Rep. John Rose won reelection by about 33 percentage points, Rep. Mark Green won another term by 22 points, and Rep. Andy Ogles won his first term by 13 points in the district vacated by Cooper.

Tennessee now has eight Republicans in the U.S. House, with just one Democrat left in Memphis Rep. Steve Cohen.

In the original complaint, the plaintiffs argued that all three of the “candidates of choice” for minority voters lost their congressional bids in the Nashville area in 2022.

The judges countered that the lawsuit had to “more than plausibly allege that Tennessee’s legislators knew that their Republican-friendly map would harm voters who preferred Democratic candidates—including the higher percentage of minority voters who preferred those candidates.”...........

Judges dismiss suit alleging Tennessee's political maps discriminate against communities of color

A federal judicial panel has dismissed a lawsuit alleging that Tennessee’s U.S. House maps and those for the state Senate amount to unconstitutional racial gerrymandering.

apnews.com

"The judges countered that the lawsuit had to 'more than plausibly allege that Tennessee’s legislators knew that their Republican-friendly map would harm voters who preferred Democratic candidates—including the higher percentage of minority voters who preferred those candidates'."

That is the dumbest forking logic.