redistricting is conducted by state legislatures quizlet

Illinois Democrats Map Aims to Grab 2 G.O.P. On August 27, 2018, a three-judge panel of the United States District Court for the Middle District of North Carolina ruled that North Carolina's congressional district map constituted an illegal partisan gerrymander. The plaintiffs requested that a three-judge panel of the court be convened to consider the case. 34 state legislatures have primary control of their own district lines, and 39 legislatures have primary control over the congressional lines in their state (including the six states that Democrats in Congress initially sought to require independent redistricting panels in every state as part of the For the People Act, an omnibus voting bill that failed this year. [273][274][275], On August 15, 2017, Judges Smith, Garcia, and Rodriguez issued a unanimous ruling finding that the 2013 maps for congressional districts 27 and 35 had been drawn with racially discriminatory intent on the part of the legislature. Mark Harris, a Republican campaign consultant, said, "It's a straight Democratic gerrymander by a Democratic Supreme Court to help Democrats." Congressional districts 1, 4, 5, 7, 8, 9, 10, 11, and 12, State Senate districts 8, 10, 11, 12, 14, 18, 22, 27, 32, and 36, State House districts 24, 32, 51, 52, 55, 60, 62, 63, 75, 76, 83, 91, 92, 94, and 95. The Kentucky Supreme Court affirmed the trial court's ruling on February 24, 2012. D. must be approved by the highest court in each state. [98][99], Following the 2010 United States Census, Massachusetts lost one congressional seat. But there is wide disagreement over how different factors should be weighted, like geographic continuity, competitiveness, minority representation and partisan fairness. Gerrymandering is a wrong in search of a remedy. The Fifteenth Amendment states that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." It next went to Gov. The commissioners argued that the "elongated 2nd District violated compactness standards, diluted the Panhandle's influence, and resulted in the largest population deviation between districts in the county4,871 people." Thomas authored an opinion that concurred in part with the majority opinion and in the judgment, joined by Gorsuch. Kagan wrote a concurring opinion joined by Ginsburg, Breyer, and Sotomayor. What is the Independent Citizen Commission, what is it doing andhow is your research, University Policy on Relationship Violence and Sexual Misconduct, Notice of Nondiscrimination, Anti-Harassment and Non-Retaliation. A number of lawsuits followed, including Arizona State Legislature v. Arizona Independent Redistricting Commission. [133], On November 14, 2019, the state House approved a remedial district plan (HB1029) by a vote of 55-46 .The vote split along party lines, with all Republicans voting in favor of the bill and all Democrats voting against it. Districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice. The high court ruled 5-4, with Chief Justice John Roberts penning the majority opinion, joined by Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. Maps for both chambers were passed during a special session. The new maps last for a decade. See Rucho v. Common Cause for more information. Alabama. At the time, partisan control of the legislature was divided; Democrats held the state Senate while Republicans held the state House. [271][272], On July 10, 2017, a federal trial addressing the constitutionality of the district maps adopted by the legislature in 2013 began, with Judges Orlando Garcia and Xavier Rodriguez (both of the United States District Court for the Western District of Texas) and Judge Jerry Smith (of the United States Court of Appeals for the 5th Circuit) presiding. Look at the district of Representative Terri Sewell, an Alabama Democrat. [238], Justices Debra Todd, Christine Donohue, Kevin M. Dougherty, and David N. Wecht formed the court's majority. Through this lawsuit, Plaintiffs seek a sea change in redistricting. The members who were selected from nearly 10,000 applicants in the summer of 2019 are tasked with drawing electoral district maps that Michigan will use from 2022 to 2030. The Remedial Plan is superior or comparable to all plans submitted by the parties, the intervenors, and amici, by whichever Census-provided definition one employs. "[191][192][193][194], On February 1, 2019, the court issued an order setting a July 15, 2019, start date for a trial on the merits of the claims lodged by the maps' opponents. On February 4, 2019, Associate Justice Sonia Sotomayor denied this request, clearing the way for a trial to commence on February 5, 2019. On October 3, 2011, the Arizona Independent Redistricting Commission released draft congressional and state legislative district maps. While Petitioners characterize the level of partisanship evident in the 2011 Plan as 'excessive' and 'unfair,' Petitioners have not articulated a judicially manageable standard by which this Court can discern whether the 2011 Plan crosses the line between permissible partisan considerations and unconstitutional partisan gerrymandering under the Pennsylvania Constitution. Reset Selection Mark for Review What's This? Seats in Congress. In the order announcing the release of the draft plans, Persily noted that "these draft plans are provided at this early date to give the parties time to lodge objections and to make suggestions, as to unpairing incumbents or otherwise, that might be accommodated in the final plan," which was due to the court by December 1, 2017. At the time of the ruling, Republicans controlled the House of Delegates, holding 51 seats to Democrats' 48. February 9, 2018: Deadline for the state legislature to submit a remedial district plan to the governor, February 15, 2018: Deadline for the governor to submit a remedial plan to the state supreme court, February 19, 2018: "The Executive Branch Respondents are advised to anticipate that a congressional districting plan will be available by February 19, 2018, and are directed to take all measures, including adjusting the election calendar if necessary, to ensure that the May 15, 2018 primary election takes place as scheduled under that remedial districting plan. In June 2012, the court ruled in favor of the plaintiffs and ordered that new maps be approved by January 2012. On January 25, 2018, state Republicans requested that the Supreme Court of the United States stay the state supreme court's ruling pending an appeal. We uphold the District Court's conclusions that racial considerations predominated in designing both District 1 and District 12. On February 12, 2018, a panel of state superior court judges declined this request. 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." On October 21, 2019, the Supreme Court overturned the lower court's ruling, allowing the district maps as drawn to stand. A lot can and has been said about the 2011 Plan, much of which is unflattering and yet justified. Associate Justice Elena Kagan penned a dissent, joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. Study with Quizlet and memorize flashcards containing terms like Congressional Redistricting, Gerrymandering, Reapportionment and more. David Landau, Delaware County Democratic Party chairman, said, "[The remedial map] remedies the outrageous gerrymander of 2011, and that's the important thing, that the gerrymander be over. When politicians use redistricting to manipulate . On July 9, 2018, state Republicans petitioned the Supreme Court of the United States to stay the district court's order pending an appeal of that court's decision. On May 10, 2011, the legislature approved a congressional redistricting plan, but this proposal was vetoed by the governor. At the roots of American democracy, most of the assemblies in the 13 colonies and in the original founding states used the apportionment method to assign seats to counties and townships, so they did not need to draw districts. [240][241], In its order, the court set the primary election filing period for congressional candidates to begin on February 27, 2018, and to end on March 20, 2018. The plaintiffs argued that Bredar's decision violated the Three Judge Court Act (28 U.S.C. Over time, districts gain or lose population. For more information on the court's decision, see here. In a memorandum accompanying the impeachment resolutions, Dush said, "[The court's action] overrides the express legislative and executive authority, found in Article IV, Section 15 of the Pennsylvania Constitution, concerning the Governors veto authority and the General Assemblys subsequent authority to override such veto. Take Georgia, where Black voters make up nearly a third of the voting population and 88 percent of them supported Mr. Biden. Paxton requested that the high court stay the lower court's ruling pending full review of the case. Additionally, California voters rejected a measure that would have eliminated the California Citizens Redistricting Commission. In the U.S.? The plaintiffs petitioned the Supreme Court to expedite the case. The panel issued its map on February 21, 2012. The plan was signed into law by the governor the following day. [103], On April 25, 2019, the court ruled unanimously that 34 congressional and state legislative districts had been subject to unconstitutional partisan gerrymandering, violating the plaintiffs' First Amendment associational rights. Democratic Governor Jay Nixon vetoed the legislature's congressional redistricting plan, but on May 4, 2011, the legislature overrode the veto and the new map became law. The court wrote the following in its unsigned opinion:[97], Plaintiffs made no such showing below. (Madison won anyway.). With fewer state governments divided by party than in years past, GOP has edge in redistricting. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering. The census dictates how many seats in Congress each state will get, which is why some states gain or lose seats in the House of Representatives every 10 years. We believe our maps will show they could have accomplished all their objectives in a way that would not have split any precincts or sorted black voters from white voters." We are one important step closer to the end of the GOP's racial gerrymander." In their ruling, Judges Ridgeway, Crosswhite, and Hinton wrote, "[The] 2017 Enacted Maps, as drawn, do not permit voters to freely choose their representative, but rather representatives are choosing voters based upon sophisticated partisan sorting. [65], On June 13, 2018, attorneys for Democratic voters in three states (Alabama, Georgia, and Louisiana) filed three separate lawsuits in federal court, alleging in each that existing congressional district maps prevented black voters from electing candidates of their choosing, in violation of the Voting Rights Act. The court ruled 2-1 on the matter. Yes and no. The New Mexico Supreme Court assigned a retired judge, James Hall, to draw the final congressional map. [29], On November 1, 2011, the chair of the redistricting commission, Colleen Mathis, was impeached for alleged violations of the state's Open Meetings Law. "[303][306][307][308][309][310][311], The governor signed into law a state legislative redistricting plan on August 29, 2011. Seats in Congress All United States Representatives and state legislators are elected from political divisions called districts. Reapportionment occurs every ten years. We do not disagree with Legislative Defendants that there are many benefits to a time line that allows for the General Assembly (1) to receive public feedback on the criteria to be used in drawing the remedial districts and proposed remedial districting plans applying those criteria; (2) to revise the proposed plans based on that feedback; and (3) to engage in robust deliberation. Oral argument in the case took place on October 3, 2017. accessibility issues, please let us know. [160][161][162], North Carolina State Senate President Pro tem Phil Berger (R) and North Carolina House Speaker Timothy K. Moore (R) said in a joint statement on the U.S. Supreme Court temporarily blocking the order that:[163], Senate Minority Leader Dan Blue (D) said in a town hall in March 2017 that he was confident the special elections would happen in 2017. On June 25, 2013, however, the United States Supreme Court issued its ruling in Shelby County v. Holder, which effectively removed the preclearance mechanism from the Voting Rights Act. The petition was filed with Associate Justice Samuel Alito, who reviews emergency appeals from Pennsylvania. [329][330], Following the 2010 United States Census, West Virginia neither gained nor lost congressional seats. MSU is an affirmative-action, equal-opportunity employer. The court's opinion, penned by Roberts, did not address the broader question of whether partisan gerrymandering claims are justiciable and remanded the case to the lower court for further proceedings. On August 17, 2015, a special session of the state legislature was convened. On May 31, 2018, the state supreme court upheld Marchant's decision, allowing the contested district maps to stand. According to the Oyez Project at the ITT Chicago-Kent College of Law, the district court rejected this argument:[312], The plaintiffs appealed this decision to the Supreme Court of the United States, which agreed to hear the case (Bethune-Hill v. Virginia Board of Elections) on June 6, 2016. The district court held that the plaintiffs did not establish that race was the predominant factor in the creation of 11 of the 12 challenged district. House Speaker Kirk Cox (R) criticized the plan: "The Eastern District Court selected a series of legally indefensible redistricting modules that attempts to give Democrats an advantage at every turn. Its a word with a funny back story. GOP lawmakers also argued that Persily might be biased because he "has a history of commenting negatively on North Carolina districting matters and working on districting matters with organizations who are allied with the plaintiffs in this case. Associate Justice Samuel Alito penned the court's majority opinion, which was joined by Chief Justice John Roberts and Associate Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch. On January 10, 2017, the high court issued an order halting the special elections pending appeals. Sixty percent of them belong to the Blue party, and 40 percent to the Red party. If that plan were not used this year, they contended, it could mean that the 2012 plan could not be replaced by a valid plan until the 2018 elections. Following the 2010 United States Census, Alabama neither gained nor lost congressional seats. Lawmakers should minimize the splitting of precincts when drawing districts. That reshuffling is known as reapportionment. SB 691 cleared the House on August 30, 2017, and was enacted into law. 2284), which requires a three-judge district court panel to be convened for cases challenging the constitutionality of congressional or state legislative redistricting plans. The four remaining district maps adopted by the district court (in Hoke, Cumberland, Guilford, Sampson, and Wayne counties) were permitted to stand. Their map clearly seeks to benefit one political party, which is the essence of why the court found the current map to be unconstitutional. My research studies how to measure whether a redistricting map is fair, and how to quantify how much it favors one party over another. [86], A referendum on the new maps was added to the November 6, 2012, ballot in Maryland. The court also ordered that special elections be conducted in 2020 for the challenged state Senate districts and any adjoining districts whose boundaries might be affected by remedial maps. After the 2010 elections, Republicans picked up 12 new trifectas. "[35], On June 27, 2016, the U.S. Supreme Court announced it would hear the state's appeal of a U.S. District Court ruling that struck down two of the state's congressional district maps as racial gerrymanders. The modules selected by the Court target senior Republicans, myself included, without a substantive basis in the law." Take North Carolina in 2012, after the state enacted an aggressively gerrymandered map. D) must be approved by the highest court in each state. These criteria included the following:[165][166][167], State Democrats criticized some of these criteria. [139], On July 31, 2017, the United States District Court for the Middle District of North Carolina issued an order denying plaintiff's request for a special election using a new district map in 2017. Third, Plaintiffs' Elections Clause claim is an unjustifiable attempt to skirt existing Supreme Court precedent. On June 24, 2011, the legislature approved a congressional redistricting plan, which was signed into law by the governor on July 18, 2011. "[131], On September 4, 2018, the district court announced it would not order changes to the map before Novembers election, finding that imposing a new schedule for North Carolina's congressional elections would, at this late juncture, unduly interfere with the State's electoral machinery and likely confuse voters and depress turnout. On October 1, 2018, the defendants appealed the district court's decision to the United States Supreme Court, which agreed to take up the case and scheduled oral argument for March 26, 2019. These measures either created or expanded a redistricting commissions' jurisdiction over the process (or reduced legislative authority). [269][270], On April 20, 2017, the United States District Court for the Western District of Texas ruled that some of the state house district boundaries adopted by the state legislature in 2011 had been drawn with racially discriminatory intent. "[331][35], Following the 2010 United States Census, Wisconsin neither gained nor lost congressional seats. The table and bar charts below list congressional and state legislative district map enactment dates for all 50 states in the 2010 cycle. District lines are redrawn every 10 years following completion of the United States census. In addition, Reynolds ordered that proposed district maps be submitted to the court by November 18, 2015. The court directed the state legislature to adopt remedial maps for the challenged districts on or before August 1, 2019. "[242][243][244], On February 27, 2018, Turzai and Scarnati petitioned the Supreme Court of the United States for a stay of the state supreme court's order pending appeal. The Enacted Plan also injures Plaintiffs First Amendment right to association by discriminating against them and their political party and subjecting them to 'disfavored treatment by reason of their views.'" Redistricting is the process of redrawing district boundaries when a state has more representatives than districts. '". Wynn wrote the majority opinion. State Representative Rafael Anchia (D), chairman of the Mexican American Legislative Caucus (a plaintiff in the case), supported the ruling: "Intentional discrimination is a bad habit for the Texas Legislature. That gives a voter in a district with a bigger population less of a say than a voter in a sparsely populated district. Persily's proposed maps can be accessed here. So Republican legislators changed their strategy. [197][199], Following the 2010 United States Census, Ohio lost two congressional seats. The Supreme Court of the United States ruled in Goosby v. Osser that a single-judge panel will suffice if the claim presented to the court is considered to be "insubstantial. Meanwhile, Republican lawmakers argued that "they were complying with the Voting Rights Act in moving black voters to existing majority-minority districts. At the time, certain states were required under the Voting Rights Act to receive preclearance from the federal government before implementing modifications to election laws (including redistricting plans). Each state has its own process. This court of action cannot square with either the plain text of the U.S. Constitution's Elections Clause, which delegates redistricting authority to 'the Legislature' of each state, or with this Court's interpretive precedent, which holds that '[r]edistricting involves lawmaking in its essential features and most important aspect.'. Republicans are on guard for Democratic gerrymanders in New York, Illinois, Oregon and Maryland. Again, this Court agrees.". [209][210], On January 10, 2018, a three-judge panel of the United States District Court for the Eastern District of Pennsylvania issued a 2-1 ruling finding that Pennsylvania's congressional district map had not been subject to unconstitutional partisan gerrymandering. For these 11 districts, the high court remanded the case to the district court for reconsideration. Governor Martin O'Malley (D) amended this plan and submitted his final proposal to the state legislature on October 15, 2011. Petitioners, however, have failed to meet their burden of proving that the 2011 Plan, as a piece of legislation, clearly, plainly, and palpably violates the Pennsylvania Constitution. [294][35], Following the 2010 United States Census, Virginia neither gained nor lost congressional seats. On August 28, 2012, the Washington, D.C., Court of Appeals panel refused to grant preclearance to the original maps. On February 9, 2012, the Republican-controlled state legislature approved new congressional lines. 5) What is the Independent Citizen Commission, what is it doing andhow is your researchinforming it? Chief Justice John Roberts and Associate Justices Clarence Thomas, Anthony Kennedy, Samuel Alito, and Neil Gorsuch formed the majority. Redistricting affects political power. On August 11, 2016, the United States District Court for the Middle District of North Carolina ruled that North Carolina's state legislative district map constituted an illegal racial gerrymander. Justice Max Baer filed an opinion that concurred in part and dissented in part with the court's majority opinion. Democrats lost five. Reapportionment is the official redistribution of representation in a ruling body, such as Congress. Consequently, Republicans dominated the 2010 redistricting process. Although we appreciate that Legislative Defendants could have been gathering this information over the past months and weeks, Plaintiffs two-week schedule does not provide the General Assembly with adequate time to meet their commendable goal of obtaining and considering public input and engaging in robust debate and discussion. "[276][277][278], On August 17, 2017, Paxton announced that he had initiated an appeal of the decision to the Supreme Court of the United States. But the District Court's revision of the House districts in Wake and Mecklenburg Counties had nothing to do with that. By the end of 1965, 250,000 new Black voters had registered. The plaintiffs announced that they would not appeal the decision. The state legislative maps were precleared on April 26, 2012. C. must be approved by Congress. Associate Justice Sonia Sotomayor penned a dissenting opinion, which was joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan. In 2010, voters approved four redistricting ballot measures: one in California, two in Florida, and one in Oklahoma. As a result, the state legislative maps adopted in 2002 were in place for the 2012 election. [123], Following the 2010 United States Census, New York lost two congressional seats. Attorneys for Republicans argued that the state supreme court overstepped its authority in striking down Pennsylvania's congressional district plan: "This is not simply a question of a state supreme court interpreting its state constitution, but a state supreme court usurping that state legislature's authority expressly granted under Article I, 4." This time, lets say the Blue party enjoys 64 percent support statewide, and the Red party 36 percent. All United States Representatives and state legislators are elected from political divisions called districts. Redistricting starts with the census, the federal governments comprehensive count of the countrys population and its changing demographics. 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. Michiganders can also help by encouraging the few partisan politicians and lobbyists who are still fighting against the Independent Citizen Commission, to drop their attempt to subvert its work, and to instead embrace the new, fairer, and more transparent system of redistricting that a large majority of Michigan voters made possible by reforming the state constitution in 2018.". The court did not issue a final decision on the merits, saying it would need more time to evaluate the maps and the relevant factual and constitutional issues. On March 7, 2012, Mann issued her map, which was drawn by Nathaniel Persily, a professor at Columbia Law School. [251], On February 22, 2018, Pennsylvania State Senate Majority Leader Jake Corman (R), Senate State Government Committee Chairman Mike Folmer (R), and Republican congressmen Lou Barletta, Ryan Costello, Mike Kelly, Tom Marino, Scott Perry, Keith Rothfus, Lloyd Smucker, and Glenn Thompson filed suit in the United States District Court for the Middle District of Pennsylvania, seeking an injunction against implementation of the state supreme court's remedial congressional district plan.

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