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How do you think the SCOTUS will rule in the gerrymandering case?

Posted on 6/20/17 at 1:55 pm
Posted by hsfolk
Member since Sep 2009
18540 posts
Posted on 6/20/17 at 1:55 pm
I'd assume the 4 liberals & 4 conservatives will be on opposite sides w/ Kennedy once again being the swing vote
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67096 posts
Posted on 6/20/17 at 1:59 pm to
Either the Voting Rights Act gerrymandering will win or the American people will win. If you are in favor of enforcing the provisions of the Voting Rights Act which imposes minority majority districts, then you are in favor of gerrymandering.
Posted by hsfolk
Member since Sep 2009
18540 posts
Posted on 6/20/17 at 2:01 pm to
I think Kennedy would be in favor of getting rid of gerrymandering if there was a clean way to do it and they has yet to be seen
Posted by gillian
Member since May 2017
293 posts
Posted on 6/20/17 at 3:09 pm to
It is quite likely that Kennedy will be gone by the time this case is heard by SCOTUS. If there are nine votes, chances are the ninth vote will be newly appointed.

I would not assume that SCOTUS will rule in a way that limits political gerrymandering. As I understand it, the lower court ruled that Wisconsin's gerrymandering plan is unconstitutional, so it is possible that there are those on the Court who want to rule against the lower court decision and reaffirm the role of the states in drawing legislative district lines.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 6/20/17 at 3:17 pm to
A smart lawyer might ask SCOTUS why it is acceptable for blacks to segregate themselves, which obviously results in whites being segregated away from blacks, but whites doing so is held to be unconstitutional.
Posted by MizzouBS
Missouri
Member since Dec 2014
5841 posts
Posted on 6/20/17 at 3:19 pm to
Why we let politicians decide congressional districts is crazy.

It should be a independent council. If the SCOTUS does their job without political views gerrymandering will be gone by 2020.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 6/20/17 at 3:27 pm to
quote:

It should be a independent council. If the SCOTUS does their job without political views gerrymandering will be gone by 2020.

You don't think these independent councils are highly politicized?

Alaska

Name: Redistricting Board

Selection Requirements: Governor appoints two; then president of the Senate appoints one; then speaker of the House appoints one; then chief justice of the Supreme Court appoints one. At least one member must be a resident of each judicial district. No member may be a public employee or official.

Arizona

Name: Independent Redistricting Commission

Selection Requirements: The commission on appellate court appointees creates a pool of 25 nominees, ten from each of the two largest parties and five not from either of the two largest parties. The highest ranking officer of the house appoints one from the pool, then the minority leader of the house appoints one, then the highest ranking officer of the senate appoints one, then the minority leader of the senate appoints one. These four appoint a fifth from the pool, not a member of any party already represented on the commission, as chair. If the four deadlock, the commission on appellate court appointments appoints the chair.

Arkansas

Name: Board of Apportionment

Selection Requirements: Commission consists of the governor, secretary of state, and the attorney general

California

Name: Citizen’s Redistricting Commission

Selection Requirements: With the Passage of Proposition 11 in 2008, the process of redrawing California's state legislative districts was removed from state legislative authority and given to a newly established 14 member commission. The commission must include 5 Democrats, 5 Republicans, and 4 members from neither party. Government auditors are to select 60 registered voters from an applicant pool. Legislative leaders can reduce the pool; the auditors then are to pick eight commission members by lottery, and those commissioners pick six additional members for 14 total. For approval district boundaries need votes from three Democratic commissioners, three Republican commissioners, and three commissioners from neither party.

ETC ETC ETC

LINK
Posted by lionward2014
New Orleans
Member since Jul 2015
11713 posts
Posted on 6/20/17 at 3:33 pm to
This is one of the issues, like mandatory minimums and civil asset forfeiture, that both sides should come together on by being against, but the divide is so great in politics that any compromise is seen as weakness.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 6/20/17 at 3:36 pm to
quote:

Either the Voting Rights Act gerrymandering will win or the American people will win. If you are in favor of enforcing the provisions of the Voting Rights Act which imposes minority majority districts, then you are in favor of gerrymandering.



The one they're taking doesn't have much to do with the VRA. Wisconsin's Republican controlled legislature drew their lines that tilted things in their favor in a huge way. The last state election, Democrats got more actual votes, but because of the district lines, Republicans got a virtual super majority. District lines can't be drawn to favor one party over the other, and it appear pretty obvious that is what happened in Wisconsin.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 6/20/17 at 3:45 pm to
So there's no racial element AT ALL with the Wisconsin case?

Totally wrong!

quote:

Judge Ripple did not ground his opinion in the efficiency gap, relying instead on a more conventional legal test that considered discriminatory intent, the map’s partisan effects and whether they were justified by other reasons. But Judge Ripple did say that the efficiency gap corroborated the majority’s conclusions.

New York Times
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 6/20/17 at 3:48 pm to
quote:

So there's no racial element AT ALL with the Wisconsin case?



Did I say that? I said it doesn't have MUCH to do with the VRA. From my understanding(which I admit may be off base) it has more to do with the districts being drawn in a heavily partisan manner.

First state election after the districts were drawn, Republicans got only 48.6% of the vote, yet ended up with a 60-39 edge in their state Senate.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 6/20/17 at 3:56 pm to
quote:

From my understanding(which I admit may be off base) it has more to do with the districts being drawn in a heavily partisan manner.

Which will devolve into the race card. I'm not Nostradamus or anything, but the race card will get pulled when everything else fails.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 6/20/17 at 4:02 pm to
Have you been to Wisconsin? Outside of Milwaukee, there aren't enough black people to really draw districts in a racially motivated manner.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 6/20/17 at 4:05 pm to
quote:

District lines can't be drawn to favor one party over the other,

well that's the issue
Posted by texashorn
Member since May 2008
13122 posts
Posted on 6/20/17 at 4:13 pm to
I think you are finally getting it without even knowing it. This is directly from the decision:

quote:

In the early stages, the drafters worked “almost exclusively in the City of Milwaukee.” Ottman explained that
[w]e knew there were going to be more redistricting criteria, including … the
voting rights application that was going to apply there. … [W]e wanted to kind of get
those Milwaukee districts drawn in such a way that the lawyers advised us was kind of
in a good place and then we just kind of wanted to lock that in and leave it alone before
we drew the rest of the map.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67096 posts
Posted on 6/20/17 at 4:13 pm to
quote:

SlowFlowPro


Hey, you never responded to my question in the "Ossof can't vote for himself" thread. Would you like to coordinate a congressional campaign to split votes in the 2nd district and force Richmond into a runoff?
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