03/11/2022
SCOTUS: Fair Maps for North Carolina and Pennsylvania in 2022
Last week, we told you about the two emergency applications filed in the U.S. Supreme Court by Republicans in North Carolina and Pennsylvania.They asked SCOTUS to overturn the congressional maps adopted by the state Supreme Courts.
On Monday, the Court denied both applications — you can read the North Carolina order here and the Pennsylvania order here. It was a win for voters in both states, as the fair, court-selected maps will remain in place for this year’s election.
- North Carolina has an extensive history of gerrymandering — dividing communities and depriving non-white voters of political representation. This year, Republican legislators once again attempted these tricks, but were stopped by litigation.
- In Pennsylvania, no map existed until the courts stepped in. This move ensures that there is a fair map in place for voters in the state’s 17 congressional districts.
In both emergency applications, Republicans advanced a fringe theory that state courts can play no role in federal redistricting. There’s been a lot of speculation over the fact that four justices indicated openness to this theory in the concurrence and dissent in the North Carolina order. However, it’s important to note that the North Carolina map is only in place for 2022, so if the Court wants to consider this doctrine, North Carolina’s map will likely not be the vehicle to do so.
Meanwhile, we are waiting for two more shadow docket rulings on redistricting, this time out of Wisconsin. GOP state legislators have asked the Supreme Court to block the state Assembly and Senate maps and five GOP congressmen have asked it to block the congressional map, both adopted by the Wisconsin Supreme Court last week.
The Final Four
And then there were four. We are waiting for the New Hampshire and Missouri Legislatures to approve new congressional maps, as fissures within both states’ Republican parties stall the process:
- In Missouri, hardline conservatives filibustered earlier proposals as they sought a more aggressive gerrymander.
- In New Hampshire, House Republicans are proposing the most significant changes to the state’s two congressional districts since the late 1800s, but Gov. Chris Sununu (R) has been hesitant to embrace them. Whether Sununu will veto remains unclear.
- In Florida, Gov. Ron DeSantis (R) has pledged to veto the maps passed by the Legislature last Friday. Read more about the two-map plan passed by lawmakers and be prepared for impending litigation asking the courts to step in.
- In Louisiana, Gov. John Bel Edwards (D) vetoed the congressional map passed a few weeks earlier by the Republican-controlled Legislature because it does not create a second majority-Black district. “The Legislature should immediately begin the work of drawing a map that ensures Black voices can be properly heard in the voting booth,” said Edwards in a statement. He will let the new legislative maps become law without his signature.
The First Congressional Map Lawsuit in Arkansas
Arkansas lawmakers split Pulaski County, home to Little Rock, into three congressional districts. Now they are being sued over it. On Monday, a group of Black voters in Arkansas challenged the state’s new congressional map, claiming it intentionally dilutes the voting strength of Black communities in violation of the U.S. and Arkansas Constitutions and Section 2 of the Voting Rights Act (VRA). This is the first lawsuit filed against the new congressional map; a lawsuit challenging the state’s new legislative districts is ongoing.
Late Wednesday evening, just hours after Edwards vetoed Louisiana’s congressional map, a group of voters filed a lawsuit asking the courts to step in. It’s unclear if Republicans have the votes to override Edwards’ veto — Republicans have a supermajority in the Senate but not in the House. Given this impasse and the fast approaching 2022 elections, the plaintiffs ask the court to implement a new map that accurately reflects the state’s population. If not, the lawsuit argues that Louisiana voters will be forced to vote in unconstitutionally malapportioned districts.
AND MORE:
- The delayed Missouri map faces its first court challenge — a Republican candidate for Congress filed a lawsuit this week asking the courts to step in as Missouri’s candidate filing deadline draws near. “It’s patently unfair to have congressional candidates file to run in an election without knowing their district boundaries,” the candidate told the St. Louis Post-Dispatch.
- Maryland’s congressional map goes to trial next week. Refer back to “Litigation Look Ahead: March” as we continue to keep our eyes on the courts. 👀
Voter Suppression Laws Passed in 2021 Head to Court
Several red states enacted restrictive voting laws in the wake of the 2020 election. Only recently has the first trial for any of these voter suppression laws been completed. Here’s what emerged from the two-week trial in Florida — over 30 witnesses, a 3,632 page trial transcript, thousands of pages of exhibits admitted into evidence and extensive post-trial briefs from each party.
Here are three takeaways from the trial:
- Florida’s elections officials don’t want Senate Bill 90. The new restrictions make their jobs unnecessarily harder.
- Don’t forget — voter suppression laws are bad because they harm voters. There is a real impact on real people.
- The GOP’s dominant voter fraud claims don’t find the same footing in the courtroom as they do in the media and legislative chambers.
For more details, read the full piece: “Three Trial Takeaways: Florida’s Voter Suppression Law.”
Voting laws are lining up on the docket. The trial for Iowa Senate Files 413 and 568, two laws that restrict practically every method of voting, was set to begin next week but is now delayed. The trial for Arkansas’ new voter suppression laws will begin on March 15. Stay tuned for more information!
AND MORE:
- A different Iowa lawsuit is challenging the state’s “English-only Law” and its exception for election materials. The lawsuit was filed in October 2021 by the League of United Latin American Citizens (LULAC) of Iowa and this week, the court denied the defendants’ attempt to end the case.
- A few other hearings took place this week. We will let you know once any decisions are released:
The New Republican Gerrymandering Tactic: Running Out the Clock
The latest GOP strategy to avoid accountability for illegal maps. Read more ➡️
Why are maps drawn by politicians instead of independent commissions?
There’s a hodgepodge of different redistricting processes across the country. Where Democrats control the process, they have often pushed towards independent commissions. Republicans have not. While the U.S. Constitution leaves it to the states to draw maps, it gives Congress the ability to set a uniform standard for congressional maps. Democrats tried to do that with the Freedom to Vote Act, which would have banned partisan gerrymandering and moved towards independent redistricting.
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What will happen in Florida if Gov. DeSantis vetoes the congressional map?
First, the state can't use the map from 2010. Second, it can't use the map that was passed by the Legislature, but vetoed by the governor. That means there is no operative congressional map for 2022 in the state of Florida. What may happen next is impasse litigation if the governor and the Legislature can’t agree, which means the courts will step in and draw the map.
Thanks to Cheryl and Kevin 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.
Monday marked the 57th anniversary of the Selma to Montgomery March, a watershed civil rights moment that led directly to the adoption of the VRA. Today, we’re listening to Selma native Rep. Terri Sewell (D-Ala.) on the ongoing fight for voting rights.
“Too often, however, we forget that women were integral to the Selma campaign and the civil rights movement in general,” writes Keecee Devenny for the NAACP Legal Defense Fund. As we embark on Women’s History Month, meet the women of Selma here.
Looking to take action that continues to build the political power of Black communities across the South? Find upcoming volunteer opportunities with:
