Our second lawsuit in this once-in-a-decade process.

ACLU Supporter –

The ACLU filed a federal lawsuit this week over the South Carolina legislature's unnecessary delay in drawing new district maps – our second legal challenge in the urgent and ongoing work around the country's redistricting process happening now.

At issue is the state legislature's decision to abruptly adjourn this fall without first convening to propose, consider, and pass new maps – and after largely avoiding any public input on the issue at all. The legislature has instead suggested it will pass the new maps when it returns at a yet-to-be-disclosed time in "December or January."

But that vague schedule doesn't provide close to enough time for the public and the courts to evaluate the legal validity of the maps before the March 30 filing deadline for the 2022 primary elections. Candidates – as well as those who would organize and vote for or against them – need to know where new district lines will be drawn to declare their intent to run for office.

For a frame of reference: South Carolina's maps have been litigated every decade since 1970, and each time it took several months if not years for the court to hear the cases. The legislature has these facts at its disposal – and it should know that to adjourn right now puts the entire map-drawing process on an impossible timeline.

Plus, remember that U.S. redistricting only occurs once in a decade. So every second that the legislature stalls, it not only severely impacts fair representation and resource allocation for the next 10 years – but also allows completely malapportioned maps based on outdated 2010 Census data to persist for longer.

It's unconstitutional, ACLU Supporter. If the legislature has its way, outdated maps that are not representative of voters in South Carolina will remain in place. This violates the bedrock principle of one person, one vote – and that's why we're suing.

The ACLU, ACLU of South Carolina, NAACP Legal Defense and Educational Fund, Boroughs Bryant LLC, and Arnold & Porter filed this lawsuit on behalf of the South Carolina State Conference of the NAACP and individual voters. And this is likely only the beginning: Our team of attorneys will be ready to file suit again should there be any instances of gerrymandering once this state actually draws its new maps.

The stakes are too high for lawmakers to be treating the public and this process with such little regard. We will not allow it to happen without a fight. Not in South Carolina. Not in any state.

And while this work is complex and resource-exhaustive, I know together – with the conviction and support of activists like you with us – our teams will remain relentless at every level.

Thank you for being with us in this fight for our democracy.

More soon,

Somil Trivedi
Pronouns: He, him, his
Senior Staff Attorney, ACLU

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