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A Flurry of Courts Have Ruled on Election Maps. Here’s What They’ve Said. A Flurry of Courts Have Ruled on Election Maps. Here’s What They’ve Said.
(6 days later)
Updated on Feb. 7. Updated on Feb. 13.
Judges in a number of states have recently thrown out election maps, arguing they are gerrymandered to the point of being unconstitutional. The rulings come as courts have become increasingly focused on the issue of extreme partisan gerrymanders — maps that effectively doom political opponents to permanent underrepresentation. Judges in a number of states have recently thrown out election maps, saying that they have been gerrymandered to the point of being unconstitutional, effectively dooming one party to permanent underrepresentation.
The decisions are certain to have drawn the Supreme Court’s interest as it mulls a resolution to the gerrymandering question. This spring, the justices are expected to decide whether partisan gerrymandering violates the Constitution, and if so, when. The decisions are certain to have drawn the Supreme Court’s interest as it mulls a resolution to the question of extreme partisan gerrymanders. The justices are expected to decide this spring whether the practice violates the Constitution, and if so, how to determine whether an electoral map is fairly drawn.
Here are the basics of the major contested cases.Here are the basics of the major contested cases.
How many seats does each party hold?How many seats does each party hold?
The Republicans hold 64 seats in the State Assembly, Wisconsin’s lower house, while the Democrats have 35. In the most recent general election, 52 percent of the votes were cast for Republican Assembly candidates, who won almost two-thirds of the seats — 64 out of 99. Democrats received 46 percent of the vote and won 35 seats.
What’s happened so far?What’s happened so far?
In November 2016, a panel of three judges ruled that the map was unconstitutionally drawn to favor Republicans, the first time a partisan gerrymander was struck down in federal court. The ruling was notable, according to experts, because it provided a clear mathematical formula to measure how partisan a district is. In November 2016, a panel of three judges ruled that the map was unconstitutionally drawn to favor Republicans, the first time a partisan gerrymander was struck down in federal court. The ruling was notable, according to experts, because it provided a clear mathematical formula to measure how partisan a district map is.
The decision was appealed to the Supreme Court, which took the case (known as Gill v. Whitford) and heard arguments in October 2017.The decision was appealed to the Supreme Court, which took the case (known as Gill v. Whitford) and heard arguments in October 2017.
What’s next?What’s next?
The Supreme Court is expected to rule in the spring, probably setting the course for the other cases in federal court as well.The Supreme Court is expected to rule in the spring, probably setting the course for the other cases in federal court as well.
How many seats does each party hold?How many seats does each party hold?
Ten seats are held by Republicans, and three by Democrats. In 2016, Republican candidates received 53 percent of the votes cast, and won 10 of the state’s 13 seats; Democrats received 47 percent of the votes and won 3 seats.
What’s happened so far?What’s happened so far?
The map was thrown out and ordered redrawn by a panel of three federal judges on Jan. 9, who said that Republicans had drawn it most recently in 2016 in an attempt to gain a political advantage. The map was thrown out and ordered redrawn by a panel of three federal judges on Jan. 9, who said that Republicans had drawn it most recently in 2016 in an attempt to gain a political advantage. The
Days later, the Supreme Court temporarily blocked the lower court’s order to redraw the map. Supreme Court temporarily blocked the lower court’s order to redraw the map nine days later.
What’s next?What’s next?
It’s unclear. The Supreme Court has not said whether it will schedule an argument in the case, known as Rucho v. Common Cause. It could let a ruling in another gerrymander case stand as the final word for other suits in the federal system. Because of the temporary block, experts say the current map will probably remain in effect for the midterm elections this fall. It’s unclear. The Supreme Court has not said whether it will schedule arguments in the case, known as Rucho v. Common Cause. The court may choose instead to let whatever ruling it issues in another gerrymandering case stand as its final word on the matter. Because of the temporary block, experts say the current North Carolina map will probably remain in effect for the midterm elections this fall.
How many seats does each party hold?How many seats does each party hold?
Republicans hold 13 seats, while Democrats hold five. Republican candidates received 54 percent of the vote in 2016, and won 13 of the state’s 18 seats. Democratic candidates received 46 percent of the votes and won five seats.
What’s happened so far?What’s happened so far?
The State Supreme Court ruled Jan. 22 that the map “clearly, plainly and palpably” violated the State Constitution and ordered it redrawn. The United States Supreme Court later rejected a request by Republicans, who control the Legislature, to stay that order. If the Legislature and Pennsylvania’s Democratic governor cannot agree on a new map by Feb. 15, the State Supreme Court said it would impose one of its own. The State Supreme Court ruled on Jan. 22 that the map “clearly, plainly and palpably” violated the State Constitution and ordered the map redrawn. The Republicans who control the state legislature asked the United States Supreme Court to block the state court’s order, but were turned down.
If the map is redrawn, there are potential political and legal consequences worth watching. The Republican leaders then drew a new map with less convoluted district lines than before, but Pennsylvania’s Democratic governor, Tom Wolf, refused to approve it, saying it was just as severely gerrymandered for partisan advantage as the old map was.
Under the state court’s order, a neutral outside expert, Nathaniel Persily of Stanford University, is to draft and submit a new map that satisfies the court’s criteria by Thursday, Feb. 15; the court said it intended to certify a map by Monday, Feb. 19.
As the map is redrawn, there are potential political and legal consequences worth watching.
What’s next?What’s next?
Republicans have said they are considering other federal court actions to delay or alter the State Supreme Court order, but experts say the odds of success are slim. The state court already has rejected Republican efforts to disqualify two judges who ruled against them on ethical grounds. Republicans have said they are considering other moves in federal court to delay or alter the State Supreme Court order, but experts say the odds of success are slim. The state court has rejected Republican efforts to disqualify two of its judges on ethics grounds.
If current rulings stand, the May 15 primary and Nov. 6 midterm general election for House seats will be held using a new map, though a March 13 special election for one vacant House seat will continue to use the old one. As matters now stand, the May 15 primary and Nov. 6 midterm general election for House seats will be held using a new map. But the old one will still be in effect for a special election on March 13 to fill one vacant House seat.
How many seats does each party hold in the state? How many seats does each party hold?
Democrats hold seven seats, while Republicans hold one. Statewide, Democrats hold seven of the state’s eight House seats, including the 6th Congressional District, while Republicans hold one.
What’s happened so far in this case? What’s happened so far?
The boundaries of the 6th Congressional District have been the subject of legal challenges since they were drawn in 2011. In the current case, known as Benisek v. Lamone, Republicans contesting the legality of the district boundaries were denied a preliminary injunction by a three-judge federal panel, and appealed that denial to the Supreme Court, which unexpectedly took the case. The boundaries of the district have been the subject of legal challenges since they were drawn in 2011. In the current case, known as Benisek v. Lamone, Republicans were denied a preliminary injunction by a three-judge federal panel, and appealed that denial to the Supreme Court, which unexpectedly took the case.
The case argues that Democratic state lawmakers drew the map to place the Republican incumbent, Representative Roscoe G. Bartlett, at a political disadvantage, violating the voters’ First Amendment rights. The plaintiffs argue that Democratic state lawmakers drew the map to place the Republican who had held the seat for 10 terms, Roscoe G. Bartlett, at a political disadvantage, violating the voters’ First Amendment rights. Mr. Bartlett was defeated in 2o12.
What’s next?What’s next?
The Supreme Court is scheduled to hear arguments in the case in late March, but the map remains in effect in the time being. The Supreme Court is scheduled to hear arguments in the case in late March. The map remains in effect for the time being.