On The Docket 02/11/2022

IN THE NATION’S CAPITAL

The Voting Rights Act Takes Another Hit From SCOTUS

On Monday evening, the U.S. Supreme Court weighed in on a major redistricting case. Here’s what went down: [link removed]
1. On Jan. 24, a district court ordered Alabama to draw a new congressional map with two majority-Black districts, a win for Black voters who compose 27% of the state’s population.

2. The state of Alabama quickly appealed the decision and it wound up before the Supreme Court.

3. Under its power to decide emergency motions without a full hearing, known commonly as the “shadow docket,” the Supreme Court paused the district court ruling. Even though SCOTUS didn’t rule on the merits of the case, this means the enacted congressional map with only one majority-Black district will likely be in effect for 2022.

In her dissent, Justice Elena Kagan wrote that the decision “does a disservice to Black Alabamians who under that precedent have had their electoral power diminished—in violation of a law this Court once knew to buttress all of American democracy.”

Certain redistricting cases, including one of the cases from Alabama, can jump from a three-judge panel at the district court level to the U.S. Supreme Court. Why is this the case? What is a district court? And how does a court case travel through the United State’s legal system?

We answer all these questions and more in our latest Explainer, “The U.S. Court System Explained.” [link removed]

REDISTRICTING ROUNDUP

Commotion in the Kansas and Missouri Statehouses

Gov. Bill Lee (R) signed Tennessee’s new maps into law on Monday, setting up a potential fight in the courts. The legislative and congressional plans were approved by the Republican-controlled General Assembly in January. The congressional map dismantles the Nashville-based congressional district held by Rep. Jim Cooper (D), who announced his retirement soon after. Meanwhile, the state House and Senate maps were similarly criticized for unfairly favoring Republicans and diluting the voting power of minorities. As a result, the Tennessee Democratic Party has announced its intention to sue. [link removed]

Nothing will stop Kansas Republicans from gerrymandering. Last week, Gov. Laura Kelly (D) vetoed the Legislature’s controversial congressional map that divides up the Kansas City region and threatens Rep. Sharice Davids’ (D) re-election prospects. On Tuesday, Senate Republicans secured the necessary votes to override Kelly’s veto after failing to do so the day before. On Wednesday, the House followed suit, just barely reaching the supermajority threshold to override the veto. We’re keeping a close eye out for lawsuits. 👀 [link removed]

The Missouri GOP fractures over congressional map. The disagreement is over whether to pass a congressional map that maintains the state’s current split of six Republican and two Democratic districts (the map passed by the House last month) or further entrench GOP power with a 7-1 map. The 7-1 map, which dismantles Rep. Emanuel Cleaver’s (D) Kansas City-based seat, is championed by the Conservative Caucus. The hardliner group held a rally on Monday with Secretary of State Jay Ashcroft (R) before kicking off a filibuster in the Senate that lasted over 31 hours. [link removed]

AND MORE
At long last, Connecticut has adopted a new congressional map. The districts were drawn by a court-appointed special master after lawmakers and a commission failed to pass a new map last year.

IN THE COURTS

If at First You Don’t Succeed, Gerrymander Again

In mid-January, the Supreme Court of Ohio struck down the state’s new General Assembly maps. The court found that the maps violated a provision of the Ohio Constitution which requires that maps are not drawn to favor one political party. Under the court order, the commission adopted revised maps. However, on Monday, the same four justices who struck down the original maps blocked the revised plan. [link removed]
- The majority pointed out that the commissioners used the original, illegal map as their starting point and “then merely adjusted certain districts just enough so that they could nominally be reclassified as ‘Democratic-leaning.’”
- The majority held that the revised plans do not accurately reflect the statewide preferences of Ohio voters, stating the commissioners’ definition of “Democratic-leaning” — “a district with a Democratic vote share between 50 and 51 percent” — is “absurd on its face.”
- The commission once again must revise new maps and submit them to the Ohio secretary of state by Feb. 17 and the court by Feb. 18.

Separately, it is anticipated that the Ohio Legislature will not attempt a redraw of the state’s congressional map, which was also struck down by the state Supreme Court last month. Instead, the Ohio Redistricting Commission will likely rework new districts, with 30 days to do so.

There are several lawsuits challenging Georgia's redistricting maps for diluting the voting strength of Black voters. This week, a court will consider whether to block the use of the maps as litigation continues. The hearing on the parties’ motions for a preliminary injunction was temporarily derailed after the U.S. Supreme Court’s Monday ruling reinstated Alabama’s congressional map. The judge ultimately decided to proceed with hearing the merits of the motions and will decide whether or not to block the enacted maps (and potentially delay primary elections) soon. [link removed]

AND MORE:
The first hearing against a provision in Texas’ voter suppression bill, Senate Bill 1, starts today. The provision at hand makes it a crime to encourage people to fill out a mail-in ballot application. The plaintiffs in Longoria v. Paxton seek to block this while the case is litigated. [link removed]

North Dakota’s new legislative districts are under scrutiny for diluting the voting strength of Native Americans. A lawsuit filed this week focuses on how the new plan “packs” Native American voters and eliminates a district where Native American voters can elect their candidate of choice. [link removed]

Make sure to check your inbox every Tuesday! We send midweek democracy updates that you don’t want to miss. In case you didn’t see it, here’s what happened last Friday:
- The North Carolina Supreme Court struck down the state’s congressional and legislative maps as partisan gerrymanders. [link removed]
- Republican voters sued New York over the Empire State’s newly enacted congressional map. [link removed]
- A court in Montana permanently blocked portions of a new election law. [link removed]
- The Democratic Congressional Campaign Committee (DCCC) filed a lawsuit against multiple election practices in New York that often lead to a high rejection rate of absentee ballots. [link removed]

SPOTLIGHT

Something is Rotten in the State of Texas

The latest on voter purges by Democracy Docket. Read more ➡️ [link removed]

ASK MARC

I know you are super focused on red states, but what about blue states? Is it more important to focus on states with pressing voting rights issues or longstanding election problems?

We need to hold Republican legislatures accountable for their suppressive voting laws, but we can’t give a free pass to blue states. Georgia has a ban on line warming. Unfortunately, so does New York. Democrats must use their majority status in blue states to make voting easier. Nevada and California have transformed their voting laws in positive ways but there are plenty of blue states that have done nothing to update their election laws to meet the needs of voters.

…

I saw that Act 77, a big election law, was struck down in Pennsylvania. What does this mean for voters in the May primary?

Act 77 was struck down by a trial court, a decision that has been appealed by the state of Pennsylvania to the state Supreme Court. When the state appeals under these circumstances, the lower court decision is stayed — meaning, Act 77 will remain in effect until the state Supreme Court makes a decision. It’s important to note that Act 77 originated among Republicans and was passed by the Pennsylvania Republican Legislature. And now, driven by Donald Trump’s lies and acting in bad faith, these Republicans are attacking the very provisions they pushed for.

Thanks to Kevin and Freda for asking questions this week – feel free to ask your own here or join today’s Twitter Spaces at 2 p.m. to ask Marc directly. [link removed]
[link removed]

WHAT WE’RE DOING

Here’s a story out of Tennessee where a woman who sought to regain her voting rights after a felony conviction now faces a six-year prison sentence. [link removed]

Similarly, read about this high-profile case in Texas. [link removed]

Did you know that the Freedom to Vote Act would have created a federal floor for voting rights restoration after felony convictions? In the face of the Senate’s failure to enact national voting rights legislation last month, we need state-level reform more than ever. Follow The Sentencing Project to stay informed and keep an eye out for reform efforts in your community, such as the Florida Rights Restoration Coalition. [link removed]
[link removed]

In other internet news, a brand new outlet, Bolts, launched this week. Covering the “nuts and bolts of power and political change, from the local up,” the platform already has a fantastic resource on “Who Runs Our Elections?” [link removed]



We depend on the support of our readers to keep bringing you the latest on the fight for democracy. Support our work today! [[link removed]] You can update your email preferences here: [[link removed]] Email is the best way to keep in touch, but you may unsubscribe: [link removed] .


Follow us on social:

[[link removed]]
[link removed]]
[[link removed]]
[[link removed]]

Shop for Democracy Docket merchandise: [[link removed]]

Democracy Docket
PO Box 733
Great Falls, VA 22066
United States
Democracy Docket
PO Box 733
Great Falls, VA 22066
United States