🚨 NEW: Texas asks the federal 3-judge panel hearing the redistricting cases to pause the cases until after the Supreme Court rules in the Alabama case, saying that the "current formulation of Gingles and the VRA more broadly is on borrowed time." #txlege 1/
In addition to arguing that the Texas redistricting cases need to be put on hold to wait for the Alabama decision (which might not come until summer 2023), Texas says the state will redraw legislative maps in 2023 per requirements of the state constitution. #txlege 3/
Texas’ argument on legislative districts is that Texas constitution requires legislative redistricting in the first regular legislative session after “publication” of the census - which Texas understands to be release of the data which occurred in August 2021. #txlege 4/
Hence, Texas says the current legislative maps will only be in effect for the 2022 election cycle and since it is too late to change the maps for 2022, there is no need to hear claims about those maps. #txlege 5/
(This second argument only applies to legislative districts. The Texas constitution is silent as to the timing of congressional redistricting.) #txlege 6/
Needless to say, all the plaintiff groups, including DOJ, oppose the stay. The Texas redistricting cases are currently scheduled to go to trial at the end of September. #txlege 7/

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More from @mcpli

Apr 21
🚨BREAKING: New York appellate division holds that NY congressional map is partisan gerrymander in violation of state constitution. Opinion here: brennancenterny-my.sharepoint.com/:b:/g/personal… Image
However, the appellate division reverses the trial court's ruling that maps were void because of the failure to process laid out in the constitution. So only the congressional map implicated in today's ruling.
Decision is 3-2 on partisan gerrymandering question with Justices Whalen and Winslow dissenting. Justice Curran dissents on finding that legislative maps were not infirm.
Read 6 tweets
Apr 20
And oral argument in the New York redistricting case is underway at the 4th Department Appellate Department. First up, Craig Bucki for Speaker Carl Heastie. 1/
Justice Curran asking Bucki about what the remedy was for the commission not doing its job or as he says “violating the law.” Bucki says the remedy is for the legislature to draw its own maps. 2/
Bucki argues that the 2021 legislation is irrelevant on this question. Legislature always has power to ignore or bypass commission. 3/
Read 23 tweets
Apr 20
When the 4th Dept. Appellate Division takes up the New York redistricting case today, it will have before it a mixture of procedural and substantive claims about the maps. A thread 🧵 1/
A lot of people have focused on the case as a partisan gerrymandering case, but the first question for the court on appeal is whether the NY legislature even had the power to adopt congressional and legislative maps in the first place. 2/
That because under reforms approved by New York voters in 2014, responsibility for drawing maps now starts not in the legislature but with a 10-member commission, consisting of 4 Democrats, 4 Republicans, and 2 independents or third party supporters. 2/
Read 19 tweets
Mar 29
Gov. DeSantis’ memo explaining why he vetoed Florida’s congressional map is, umm, interesting. A thread 🧵
First, for background, the Florida legislature passed not one but TWO congressional maps, which differed mainly in how they treated FL-5, an existing Black opportunity district in northern Florida.

Here’s what FL-5 looks like in the pre-redistricting map. 2/
As configured in the old map, FL-5 runs from Jacksonville in the east across the state to Tallahassee.

Early versions of maps considered by the legislature preserved a Jacksonville to Tallahassee district. But Gov. DeSantis vocally objected saying the district was illegal. 3/
Read 13 tweets
Mar 24
Still just stunned by the Supreme Court’s action today in the Wisconsin redistricting case, which was not only bizarre but head-spinningly aggressive in so many ways. 1/
To start, the principle underlying the Wisconsin Supreme Court’s choice of a legislative map was “least change” from last decade’s maps. It picked Gov. Evers’ map because it was “vastly superior” (the court’s words) on that overriding criteria. 2/
The WI Supreme Court then looked at the map (picked because it offered the “least change”) to make sure it did not violate the VRA or the requirements of the federal constitution. It concluded that it did not. 3/
Read 8 tweets
Jan 31
New York and Texas congressional maps are both aggressive gerrymanders, but also illustrative of the very different tactics the parties have taken in redistricting this cycle. A thread 🧵 1/
In Texas, Republicans chose to shore up last decade’s gerrymander rather than try to flip additional Democratic seats. As a result, the number of Trump+15 or greater districts doubles, going from 11 to a remarkable 21 districts. 2/
Or put another way, 88% of GOP districts in Texas (21 of 24) are now Trump +15 or greater. The map is so aggressively drawn that competition has vanished from the map. Ds are locked into 37% of seats unless they get 58% of the vote. 3/
Read 8 tweets

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