Redistricting II: Law & precedents

Background One man one vote –Baker v. Carr (1963)

The Constitution Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed –Article I Section II as modified by the 14 th amendment The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative… –Article I section II

14 th amendment “No State shall … deny to any person within its jurisdiction the equal protection of the laws.”

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders (1964)

Wesberry v. Sanders “A single Congressman represents from two to three times as many Fifth District voters as are represented by each of the Congressmen from the other Georgia congressional districts. The apportionment statute thus contracts the value of some votes and expands that of others. If the Federal Constitution intends that, when qualified voters elect members of Congress, each vote be given as much weight as any other vote, then this statute cannot stand….We hold that, construed in its historical context, the command of Art. I, § 2 that Representatives be chosen "by the People of the several States" means that, as nearly as is practicable, one man's vote in a congressional election is to be worth as much as another's.”

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2

Section 2 Applies everywhere “Based on the totality of circumstances, it is shown that the political processes leading to nomination or election…are not equally open to participation by members of (a protected group) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected…is one circumstance that may be considered: Provided that nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.”

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2

If you were on the Supreme Court: When would you judge it okay to use race as a criteria in line drawing? When would that NOT be okay? When would you judge it okay to use political affiliation as a criteria in line drawing? When would that NOT be okay?

Terminology What is vote dilution? Why might it be a bad thing?

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2 –Section 5 Racial gerrymandering –Thornburg v. Gingles (1986) –Section 2 will be enforced when there is vote dilution: Minority group is large enough to constitute a majority Group is politically cohesive Whites vote in a block to defeat minority’s preferred candidate

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2 –Section 5 Racial gerrymandering –Thornburg v. Gingles (1986) –Shaw v. Reno (1993)

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2 –Section 5 Racial gerrymandering –Thornburg v. Gingles (1986) –Shaw v. Reno (1993) –Miller v. Johnson (1995) Georgia district drawn so bizarrely that it violates the equal protection clause

Background One man one vote –Baker v. Carr (1963) –Wesberry v. Sanders Voting Rights Act of 1965 –Section 2 –Section 5 Racial gerrymandering –Thornburg v. Gingles (1986) –Shaw v. Reno (1993) –Miller v. Johnson (1995) –Shaw v. Hunt (1996)

Shaw v. Hunt Plaintiff’s burden is to show race is justified to draw lines because of compelling state interest: –Remedying past discrimination –Complying with Section 2 of VRA –Complying with Section 5 of VRA

Partisan Gerrymandering Davis v. Bandemer (1986) Vieth et al. v. Jubelirer (2004) League of United Latin American Citizens v. Perry (2006) Legality of de facto dilution of minority votes Legality of mid-decade redistricting Legality of partisan gerrymanders