[EL] SCOTUS takes Alabama redistricting cases.
Justin Levitt
levittj at lls.edu
Mon Jun 2 09:16:01 PDT 2014
The more significant filings below, including the case's first trip up
to SCOTUS, are (of course) collected here
<http://redistricting.lls.edu/cases.php#AL>.
Justin
On 6/2/2014 7:29 AM, Rick Hasen wrote:
>
> UPDATE: SCOTUSBlog page for 13-1138
> <http://www.scotusblog.com/case-files/cases/alabama-democratic-conference-v-alabama/>;
> opinion
> <http://www2.bloomberglaw.com/public/desktop/document/Ala_Legislative_Black_Caucus_v_Alabama_CASE_NO_212CV691_ThreeJudg>.
>
> SCOTUSBlog case page for 13-895
> <http://www.scotusblog.com/case-files/cases/alabama-legislative-black-caucus-v-alabama/>;
> (same opinion).
>
> On 6/2/14, 7:19 AM, Rick Hasen wrote:
>>
>>
>> "Supreme Court to hear Ala. redistricting challenge"
>> <http://electionlawblog.org/?p=61943>
>>
>> Posted on June 2, 2014 7:13 am
>> <http://electionlawblog.org/?p=61943>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> AP
>> <http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_ALABAMA_REDISTRICTING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>:
>> "The Supreme Court said Monday it will consider a challenge from
>> Alabama Democrats who say a Republican-drawn legislative map
>> intentionally packs black Democrats into a few voting districts,
>> giving them too little influence in the Legislature."
>>
>> This will mark the first time since the /LULAC /decision that the
>> Court will consider the unconstitutional racial gerrymandering cause
>> of action. The last significant look at that question was Easley v.
>> Cromartie <http://supreme.justia.com/cases/federal/us/532/234/>, when
>> Justice O'Connor, whose views were so central to this cause of
>> action, was still on the Court. (In /Cromartie /Justice O'Connor
>> joined the liberals in rejecting a racial gerrymandering claim, after
>> a number of cases, beginning with Shaw v. Reno
>> <http://scholar.google.com/scholar_case?case=2057233072475851470&hl=en&as_sdt=6&as_vis=1&oi=scholarr>,
>> where she recognized it but differed from the other Justices about
>> how to prove it.)
>>
>> It will be interesting to see what the Chief and Justice Alito think
>> about this.
>>
>> The grants were limited, as Marty Lederman explains:
>>
>> Alabama Democratic Conference v. Alabama, No. 13-1138 (limited to
>> question one --- Whether Alabama's effort to redraw the lines of
>> each majority-black district to have the same black population as
>> it would have using 2010 census data as applied to the former
>> district lines, when combined with the state's new goal of
>> significantly reducing population deviation among districts,
>> amounted to an unconstitutional racial quota and racial
>> gerrymandering that is subject to strict scrutiny and that was
>> not justified by the putative interest of complying with the
>> non-retrogression aspect of Section 5 of the Voting Rights Act;
>> and whether these plaintiffs have standing to bring such a
>> constitutional claim;), and
>>
>> Alabama Legislative Black Caucus v. Alabama, No. 13-895 (limited
>> to question two --- whether Alabama's legislative redistricting
>> plans unconstitutionally classify black voters by race by
>> intentionally packing them in districts designed to maintain
>> supermajority percentages produced when 2010 census data are
>> applied to the 2001 majority-black districts).
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D61943&title=%E2%80%9CSupreme%20Court%20to%20hear%20Ala.%20redistricting%20challenge%E2%80%9D&description=>
>> Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
>> Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu
>> http://www.law.uci.edu/faculty/full-time/hasen/
>> http://electionlawblog.org
>>
>>
>> _______________________________________________
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>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
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