These decisions are (I firmly believe) quite possibly the most important political issue in America...that nobody is paying attention to.This is big. If it is appealed and picked up by the SCOTUS, that would be a THIRD political party gerrymandering case they would be looking at this year. In this instance, the Republican that drew the map openly admitted what he was doing and why.
:snacks:
Which issue? Voting rights in general, districting practices, or more narrowly the consequences of the cases currently making their way through the courts?
Republicans picked up 675 state legislative seats, gaining control of 12 more state legislatures. The GOP in total controlled about three times as many states in the redistricting process -- including many big, swing-y states where the lines are even more fungible and important.
New lines were drawn, and in 2012, Republicans took over the House of Representatives with a commanding 234-201 majority -- despite the fact Democratic House candidates got 1.4 million more votes than Republican candidates. Some analysts think the current map is such that Democrats simply won't be able to win a majority on it, barring a massive wave in their direction.
In 2015, however, Ginsburg seized upon a tangential case, Arizona State Legislature v. Arizona Independent Redistricting Commission (AIRC), to strike a surreptitious jurisprudential blow against political gerrymanders. AIRC did not involve a direct challenge to partisan redistricting. [...]
In several remarkable passages, Ginsburg cast aspersions on partisan gerrymandering itself. The justice began her opinion by stating flatly that “partisan gerrymanders are incompatible with democratic principles.” She described political redistricting as a “problem” that “subordinate adherents of one political party and entrench[es] a rival party in power.” And she pointed out that this practice contravenes “the core principle of republican government”—that “the voters should choose their representatives, not the other way around.” [...]
AIRC marked the first time that a majority opinion with precedential value would explicitly denigrate partisan gerrymandering as an undemocratic abomination. Writing in dissent, Chief Justice John Roberts dismissed the court’s barbs as “naked appeals to public policy.” But Ginsburg was not simply leaning on her own policy preferences. She was planting the seeds of a coherent jurisprudence that lower courts could use to strike down political gerrymanders.
Those seeds have now sprouted.
Groundwork laid by RBG in a 'tangential' case being leaned on in lower courts: https://slate.com/news-and-politics/2018/01/ruth-bader-ginsburgs-sneaky-attack-on-partisan-gerrymandering-is-beginning-to-pay-dividends.html?via=recirc_engaged
There’s no question that North Carolina Republicans manipulated their state’s congressional map to disfavor Democratic voters. The GOP legislator who helped to draw the current map, state Rep. David Lewis, openly declared that the scheme constituted “a political gerrymander,” explaining: “I think electing Republicans is better than electing Democrats. So I drew this map to help foster what I think is better for the country.” Lewis also admitted that he used “political data in drawing this map” for the sole purpose of “gain[ing] partisan advantage,” his ultimate “goal.” He succeeded, giving Republicans an advantage in 10 out of the state’s 13 congressional districts—while noting that he would’ve preferred “to draw a map with 11 Republicans and two Democrats.”
Opponents of this map have good reason to be optimistic that it will go down in court. Among other things, five of the state’s seven supreme court justices are Democrats. Should the state supreme court strike down these maps, moreover, they could potentially create a firewall against gerrymanders in Pennsylvania even if the U.S. Supreme Court takes a hard Trumpian turn.
[...]
But the plaintiffs in League of Women Voters also make an important additional argument — that Pennsylvania’s constitution provides “greater protection for speech and associational rights than the First Amendment.”
[...]
a state supreme court decision striking down Pennsylvania’s maps under the state constitution should be immune from future review, as state courts have the final say on how to interpret their own state’s constitution.
I didn't realize it when I first read that AP article, but there is a separate anti-gerrymandering lawsuit pending at the Pennsylvania State Supreme Court. Opening arguements are today.
https://thinkprogress.org/pa-gerrymandering-day-in-court-49f7657d9dda/
Good news, I think?