[EL] Earliest date for redistricting suits

[Justin Levitt]

With the suits Thursday and yesterday in Hawaii and Wyoming, there are 
(by my count) 157 cases filed so far this cycle with the potential to 
impact statewide (federal or state) maps.  I've got 'em all here 
<http://redistricting.lls.edu/cases.php>.

But finding the earliest one depends on how you count.

Laroque v. Holder <http://redistricting.lls.edu/cases.php#DCC>, 
1:10-cv-00561 (D.D.C.), filed Apr. 7, 2010, is one of the challenges to 
the constitutionality of the renewal of section 5 of the Voting Rights 
Act, now up on appeal.  In some ways, it's the earliest case that could 
still impact redistricting of this cycle.

Diaz-Balart v. Scott <http://redistricting.lls.edu/cases.php#FL>, 
1:10-cv-23968 (S.D. Fla.), filed Nov. 3, 2010, was a challenge to new 
state constitutional amendments supplying criteria for redistricting.  
It's the earliest challenge to one particular state's procedures or 
criteria this cycle.

Britton v. Ritchie <http://redistricting.lls.edu/cases.php#MN>, 
0:11-cv-00093 (D. Minn.), filed Jan. 12, 2011, was a challenge to maps 
from the 2000 cycle, based on the allegation that the legislature 
wouldn't be able to agree on maps in time.  It's the earliest challenge 
to "this cycle's" statewide maps, even though the challenge was based on 
the assumption that new maps _wouldn't_ be drawn this cycle.

And I think Gonzalez v. NJ Apportionment Comm'n 
<http://redistricting.lls.edu/cases.php#NJ>, No. L-001173-11 (N.J. 
Super. Ct., Mercer County) and No. C-000069-11 (N.J. Super. Ct., Ocean 
County), filed Apr. 20, 2011, has the distinction of being the first 
lawsuit challenging a statewide plan from this cycle that had actually 
already been drawn.  It beat Louisiana's preclearance lawsuit 
<http://redistricting.lls.edu/cases.php#LA> by a day.

There may have been earlier suits filed against the redistricting of 
local bodies ... that I don't know.

As for 2013 elections, I'm not sure whether this will count, but there 
was a suit in Mississippi -- Miss. NAACP v. Barbour 
<http://redistricting.lls.edu/cases.php#MS>, 3:11-cv-00159 (S.D. Miss.) 
and 11-82 (S. Ct.) -- attempting to force Mississippi to redraw state 
legislative lines before the 2011 elections; the challenge was rejected, 
which means that Mississippi's lines drawn this year will be the lines 
in place for their 2013 elections.  So in that way, it's sort of about 
the 2013 elections.  Ish.  That's the only one I know of so far...

Justin

On 4/7/2012 9:14 AM, Edward Still wrote:
> What's the earliest any suit was filed re redistricting for a body 
> that has 2012 elections?
>
> Have any suits been filed about redistricting of bodies that have no 
> elections in 2012, but have 2013 or 2014 elections.
>
> I would appreciate the name of the case, the docket number and court 
> if possible.
>
> Thanks.
>
> Edward Still
> Edward Still Law Firm LLC
> 130 Wildwood Parkway, Suite 108, PMB 304
> Birmingham AL 35209
> 205-320-2882 (voice & fax)
> still at votelaw.com <mailto:still at votelaw.com>
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> www.edwardstill.com <http://www.edwardstill.com/>
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>
>
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-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321

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