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POL USSC to hear major political redistricting case: Justices stop forced redraw of WI's map
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  1. #1
    Join Date
    Aug 2007
    America, The Beautiful

    2 USSC to hear major political redistricting case: Justices stop forced redraw of WI's map

    Supreme Court to hear major political redistricting case

    Justices stop forced redraw of Wisconsinís map

    By Stephen Dinan - The Washington Times - Monday, June 19, 2017

    The Supreme Court added another thorny political case to its docket next term, agreeing Monday to rule on whether Wisconsinís legislative districts are so politically loaded that they violate the Constitution.

    The justices may have given an early sense for which way theyíre leaning, issuing an order halting a lower courtís ruling that had demanded Wisconsin redraw its maps by November.

    While courts have overturned legislative district maps based on racial discrimination, judges have shied away from striking down districts drawn to maximize a partyís political power.

    The new case out of Wisconsin will test that.

    ďThe Supreme Court now has an opportunity to rein in partisan manipulation of the elections process, which has thwarted the will of the voters in numerous states,Ē said Dale Ho, director of the voting rights project at the American Civil Liberties Union.

    After the 2010 census produced new population estimates the GOP-controlled state assembly redrew the district lines. The resulting map maximized Republicansí political power by carving up districts so Democrats were packed into some lopsided districts, giving the GOP a better chance at winning other competitive seats.

    A three-judge panel ruled the map illegal and ordered a new one drawn by later this year.

    In a 5-4 order Monday, though, the Supreme Court halted that schedule. The courtís Democratic-appointed justices dissented.

    The court did say it will take up the case in the next term, which begins in October.
    Sapere aude

  2. #2
    Audio Bhagavad Gita downloadable

    This knowledge is the king of education, the most secret of all secrets. It is the purest knowledge, and because it gives direct perception of the self by realization, it is the perfection of religion. It is everlasting, and it is joyfully performed.

  3. #3
    Join Date
    Mar 2009
    A Socialist State
    Would this mean Paul Ryan might not have it "in the bag" come his next election?
    Don't just go to church. BE THE CHURCH!

  4. #4
    Join Date
    Mar 2005
    White Mountains area, AZ
    The dems turned gerrymandering into a fine art, and cry foul when the repubs try to smooth out the borders of districts or even do some gerrymandering themselves.

    As usual the dems get away with it and turn the dogs on the reps when they do...
    Ring the bells that still can ring
    Forget your perfect offering
    There is a crack, a crack in everything
    That's how the light gets in.

    ("Anthem" by Leonard Cohen)

  5. #5
    Politically and liberally, Wisconsin sucks. Madison, Milwaukee and some of the bigger cities like it ruin it for the rest of the state.

  6. #6
    Join Date
    May 2001
    Quote Originally Posted by privatemom View Post
    Politically and liberally, Wisconsin sucks. Madison, Milwaukee and some of the bigger cities like it ruin it for the rest of the state.
    they sure do!

  7. #7
    Join Date
    Jan 2013
    In the Comedy Relief Bunker
    Quote Originally Posted by bbbuddy View Post
    The dems turned gerrymandering into a fine art, and cry foul when the repubs try to smooth out the borders of districts or even do some gerrymandering themselves.

    As usual the dems get away with it and turn the dogs on the reps when they do...
    You win the prize for the best post. ;-) Spot on.
    Official TB2K Comedy Relief ; I resemble that remark! ; Aloha Snackbar; Nuke a Gay Whale For Christ and other Political Incorrectness
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    I've had a perfectly wonderful evening. But this wasn't it. FRA

  8. #8
    Join Date
    Jan 2012
    SCOTUS Throws Cold Water Early on Obama’s Partisan Gerrymandering Project

    The U.S. Supreme Court made headlines Monday with its acceptance of a case that argues whether legislative maps can be ruled unconstitutional simply due to the partisan advantages that may be gained from their designs. Some election law experts contend the matter is a means to an end in transferring redistricting powers—commonly held in legislative branches—to commissions not directly answerable to the electorate.

    Picking up the case after a three-judge panel ruled that Wisconsin Republicans re-drew legislative boundaries in 2010 with the intent to dilute opposition voting strength, the Supreme Court paused the lower court’s immediate remedy that maps be reconfigured in time for the 2018 Election prior to the 2021 revamp. Court watchers of all varieties, including proponents of the lawsuit, took the halt as an early indicator that some left-wing groups’ hopes for a new weapon against largely Republican legislatures may not be handed down any time soon.

    Redistricting litigation is by no means a rarity, regardless of how far removed a case may be from the last decennial census or even if the boundaries are actually enforced at the time. Conventional scenarios allege that particular political jurisdictions are drawn presenting risks or evidence of racial discrimination, violating the U.S. Constitution and the Voting Rights Act. Gill v. Whitford, however, offers a different framework that the Supreme Court has demonstrated great difficulty in tackling in the recent past. Rather than making a detailed, per-district case that specific boundaries were drawn to harm minority voters, Whitford makes a broad argument against Wisconsin’s legislative boundaries statewide, arguing that Republicans are impermissibly tipping the scales at the expense of Democrat voters. Some critics of such maps also admit that a racial undercurrent can exist with a partisan gerrymandering complaint. In response, Wisconsin has pushed hard against the allegations and seeks a landmark ruling that partisan gerrymandering claims are not justiciable.

    The Supreme Court has been here before in 2004 thanks to a Pennsylvania case. The Court fractured on whether it should hear a partisan claim: Rehnquist, O’Connor, Scalia, and Thomas found the case was governed by the political-question doctrine and lacked proper jurisdiction; while Stevens, Ginsberg, Souter, and Breyer opted to proceed. Anthony Kennedy voted with the conservative bloc on the question of the Pennsylvania case’s hearing, but would not foreclose future challenges.

    Typically a niche area even among the most dedicated politicos, redistricting has demonstrated improving headline-grabbing potential, especially as the Democrat Party continues to dedicate assets and architecture to chart a path out of the political wilderness. The Washington Post reported shortly after the court announcement Monday that former President Barack Obama would dedicate energy toward improving the party’s chances in the next mapping cycle. In addition, the National Democratic Redistricting Committee, chaired by former Attorney General Eric Holder and Clinton campaign alum Marc Elias promises “a comprehensive, multi-cycle Democratic Party redistricting strategy over the next 5 years and beyond.”

    Instead of fighting for the civil rights of all voters like previously advertised in anti-voter ID campaigns, the Democrats make clear their intentions:

    [T]he NDRC was created in 2016 to build a targeted, state-by-state strategy that ensures Democrats can produce fairer maps in the 2021 redistricting process. With fairer maps, Democrats can rebuild the party from the state level, and secure a stable federal majority for the decade to come.

    Looking beyond Whitford, some election law experts note that left-leaning reform efforts are coalescing around the concept that removes legislators—and their constituents by extension—further from the redistricting process favoring of a commission approach like seen in a dozen states. Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Missouri, Montana, New Jersey, Pennsylvania, and Washington currently utilize such systems. The makeup of the bodies can range in size and placement mechanism—commonly relying on executive or legislative leadership to select participants. Iowa utilizes a hybrid format while Ohio is slated to join the cohort in the next mapping cycle.

    Critics argue that a disconnect from the full wrath of the electorate is harmful.

    “So-called independent commissions remove accountability–commissioners are not accountable to voters for what they do, unlike legislators,” says Hans von Spakovsky, a senior legal fellow for the Heritage Foundation. “Commissioners just move the politics of redistricting behind closed doors.”

    Experts commonly note that the electoral yields of a map are not neatly predetermined by the political affiliation of its architect. Both the 2006 “Thumping” and 2010 “Shellacking” Elections occurred on largely the same body of legislative maps. Real redistricting reform, some argue, happens in the ballot box.

    “If you don’t like the partisan results in a redistricting plan passed by a legislature, go out and win more seats,” Public Interest Legal Foundation President J. Christian Adams explains. “The people should have the power to form their own legislative system and that should not be delegated to bureaucrats and commissions just because we don’t like the outcome.”

    The Supreme Court recently waded into the redistricting wars in 2016 with a Texas case, Evenwel v. Abbott. Though not regarding any specific political boundaries, Evenwel sought a ruling that would prevent jurisdictions be drawn based on the total population of residents; opting instead for lines based on citizenship data or registered voters. Plaintiffs argued that current practices gave densely populated areas a political subsidy of added representation thanks to the counting of noncitizens and others not eligible to vote. The sans-Scalia court ruled unanimously against the plaintiffs, though Justice Clarence Thomas noted in a concurring opinion that it was not the Court’s place to weigh in on such matters—a sentiment that might be repeated in Whitford soon.
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