Redistricting

CSG Midwest
Ohio already has a plan in place that will change how the state’s legislative lines are drawn after the next U.S. census, and voters will have the chance in May to change the process for congressional districts. SJR 5 was passed by the General Assembly earlier this year, culminating months of bipartisan legislative negotiations, The (Cleveland) Plain Dealer reports.
CSG Midwest
A redrawing of the nation’s political maps is still three years away, but 2018 might someday be remembered as a year that changed how redistricting itself is done. If so, some states in the Midwest will be a big part of that story.
In Ohio and Michigan, voters may have the chance in the coming months to decide the fate of their states’ respective redistricting processes. The U.S. Supreme Court, meanwhile, has taken on a case that centers on the current Wisconsin Assembly map and that raises questions about the constitutionality, and future, of partisan gerrymandering around the country.
Legislatures themselves, too, continue to consider making changes of their own.

What if a district court adopts a redistricting plan and the state legislature later codifies that plan. May the same district court later rule the redistricting plan is unlawful and/or unconstitutional? That is what the Supreme Court will decide in Abbott v. Perez.

A number of persons and advocacy groups challenged the Texas Legislature’s 2011 state legislative and congressional redistricting plan claiming it discriminated against black and Hispanic voters in violation of the Constitution’s Equal Protection Clause and the Voting Rights Act.

A three-judge district court issued a remedial redistricting plan which the U.S. Supreme Court vacated in 2012. The district court then drew another remedial redistricting plan called plan C235. In plan C235 the court reconfigured nine challenged districts from the legislature’s 2011 plan but retained two districts, CD27 and CD35, without reconfiguration. In 2013 the state legislature ultimately adopted plan C235.        

In ealry January a three-judge federal court struck down North Carolina’s 2016 Congressional redistricting plan concluding it was an unconstitutional partisan gerrymander designed to favor Republican candidates. Meanwhile the Supreme Court has agreed to decide two cases this term involving the question of whether and when partisan gerrymandering is unconstitutional. Read more about the North Carolina case and the lower court ruling here.

The federal court ordered the state legislature to come up with a new plan by January 24. The Supreme Court put that order on hold allowing the Republican legislators defending the plan to appeal to the Supreme Court.

When a three-judge panel struck down North Carolina’s 2016 Congressional redistricting plan the case received significant media attention. Supreme Court redistricting cases rarely receive as much fanfare.

The decision garnered so much attention because it is the third three-judge panel in a relatively short period of time to rule a partisan gerrymander is unconstitutional. The Supreme Court has yet to articulate if and exactly when redistricting in favor of a political party is unconstitutional. But such a ruling may be imminent. The Supreme Court has already heard a case from Wisconsin and will hear a case from Maryland this term involving the constitutionality of partisan gerrymandering.

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