[EL] Reason to worry about Evenwel? (ELB News and Commentary 12/3/15)

Rick Hasen rhasen at law.uci.edu
Fri Dec 4 11:12:51 PST 2015


Yeah Marty I agree that Roberts or Alito or someone else could use the 
case as a time bomb for the next case, or a Roberts two-step. Both Nate 
Persily and Dan Tokaji have flagged that as a possibility.

I guess I just don't see it happening here, in part because I think the 
Court will recognize the practical difficulties of doing that, and the 
new litigation it would spawn.

I also think that if legislators in places like Texas thought this was 
feasible (politically and legally defensible based on the data), they 
would have tried it already.


On 12/4/15 9:21 AM, Marty Lederman wrote:
> Two quick responses to Rick's column about whether (and why or why 
> not) to worry about /Evenwel/.
>
> First, I agree that it's unlikely the Court will rule for the 
> appellants, mostly for the reasons Rick canvasses.  But the real 
> action is on the question of whether and how it will take up 
> /Texas's/ invitation to hold (even though the case doesn't require the 
> Court to opine on it) that states /can /exclude nonvoting populations, 
> including, most importantly, noncitizens, in drawing districts for 
> state office.  Will the Court endeavor to send a strong signal to 
> state legislatures to go that route, even absent any concrete 
> circumstances in which to assess whether and why and how a particular 
> state would do so?  That, IMHO, is one big thing to watch for in Evenwel.
>
> Second, when he was Deputy SG, John Roberts did not argue that "it 
> would be quite anomalous . . . [to hold] that the Constitution 
> /requires/ the use of total population in apportioning congressional 
> districts*among the states* (that’s in the 14th Amendment) but it 
> /forbids/ the use of total population in drawing congressional (or 
> state) districts within states."
>
> He argued, instead, that it would be quite anomalous to hold that the 
> Constitution /requires/ the use of total population *in drawing 
> congressional (or state) districts within states *(a proposition for 
> which he cited /Wesberry/), and yet /forbids/ such use of total 
> population in drawing *state* districts.
>
> (See my post, citing his BIO, here: 
> http://balkin.blogspot.com/2015/05/the-curious-result-urged-by-appellants.html)
>
> And in this respect, the other very significant thing to watch for in 
> /Evenwel/ is what, if anything, the Court says or implies about the 
> required population base for intrastate /congressional /districting.  
> In their reply brief, petitioners actually argue that the premise of 
> Deputy SG Roberts's argument "is flawed."  They argue that neither 
> /Wesberry /nor any other case has decided that question yet . . . 
> thereby sending a clear signal that it's next in their sights, 
> assuming the Court holds either that legislatures must or can exclude 
> noncitizens in state-house districting.  As for the merits of the 
> question on congressional districts, they say only this:
>
>      The Court need not resolve that question here. Appellants
>     do not challenge a congressional map, and congressional and
>     state-level districting, while not “wholly inapposite,” are “based
>     on different constitutional considerations and [are] addressed to
>     rather distinct problems.” Reynolds, 377 U.S. at 560.
>
>
> Therefore I think the other important thing-- perhaps the /most 
> /important thing-- to watch for at argument next week, and in the 
> opinion, is whether and how the Justices describe the constitutional 
> requirements for /congressional /district line-drawing, because that 
> is, I think, the proverbial two-ton gorilla in the middle of the 
> room.  The Justices would be wise to let it lie; but whether they will 
> do so? . . .
>
> On Thu, Dec 3, 2015 at 11:19 AM, Rick Hasen <rhasen at law.uci.edu 
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
>         Why I’m Optimistic About Evenwel, #SCOTUS One Person, One Vote
>         Case <http://electionlawblog.org/?p=77988>
>
>     Posted onDecember 3, 2015 8:18 am
>     <http://electionlawblog.org/?p=77988>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Regular readers of ELB know that I’m often sounding the alarm
>     about Supreme Court cases with the potential to hurt our
>     democracy. For example,I recently wrote
>     <http://electionlawblog.org/?p=77857>of big procedural victory for
>     campaign finance opponents which makes it fairly likely the
>     Supreme Court will strike down the soft money provisions of the
>     McCain-Feingold law within a few years. Indeed,in a current draft
>     <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2639902>which
>     I’ll be presenting at a/Stanford Law Review/symposium in February,
>     I ask the question why the Roberts Court, despite cases such
>     as/Citizens United/and/Shelby County/, has not moved even further
>     to the right asI had predicted
>     <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=850544>when
>     the Roberts Court began in 2006.
>
>     So I’m somewhat surprised myself that I am not all that worried
>     about what the Court is going to do in theEvenwel v. Abbott
>     <http://www.scotusblog.com/case-files/cases/evenwel-v-abbott/?wpmp_switcher=desktop>one
>     person, one vote case, being heard next week at the Supreme Court.
>     In /Evenwel/, plaintiffs ask for the Court to declare that the
>     only proper basis to fulfill the Court’s ruling cases such as
>     /Reynolds v. Sims/requiring creation of equipopulous legislative
>     districts is to draw such districts with the same number of
>     (eligible or registered?) voters, rather than people. If the
>     argument is successful, it would radically change the way most
>     states conduct their elections, and it would shift power in state
>     (and likely congressional) elections away from Democratic and
>     Latino areas (which tend to have larger Latino non-citizen
>     populations) and toward Republican and rural ones. Indeed, I have
>     argued inSlate
>     <http://www.slate.com/articles/news_and_politics/jurisprudence/2015/05/evenwel_v_abbott_supreme_court_case_state_districts_count_voters_or_total.html>and
>     atSCOTUSBlog
>     <http://www.scotusblog.com/2015/07/symposium-ideology-partisanship-and-the-new-one-person-one-vote-case/>that
>     the best way to understand this lawsuit is not as a principled
>     conservative argument, but as an attempted Republican power grab.
>
>     So why am I optimistic?
>
>     First, I don’t think the Court wanted to take this case. I’ve
>     explained this a lot in my earlier writings on this case, so I’ll
>     be brief here. The Court has had the chance to hear this issue a
>     number of times, and refused. In 2001, only Justice Thomas
>     dissented from a cert. denial where this issue was raised. But Ed
>     Blum managed to get this case heard before a three-judge court,
>     with direct appeal to the Supreme Court. The Court feels a much
>     greater obligation to take these cases, because a decision not to
>     hear the case (unlike a cert denial) is a ruling on the merits.
>     Here’s Chief Justice Robertsspeaking at oral argument
>     <http://electionlawblog.org/?p=77284>in another case earlier in
>     the term on the three judge courts:
>
>         CHIEF JUSTICE ROBERTS: I mean, the other
>         alternative is it’s a three-­judge district court, and
>         then we have to take it on the merits.
>         Imean, that’s aserious problem because there are a lot of cases that
>         come up in three-judge district courts that would be the
>         kind of case –­­ I speak for myself, anyway–
>         ­­ that wemight deny cert in, to let the issue percolate.
>         And now with the three judge district court, no, we have to
>         decide it on the merits…
>
>     So I don’t think the Court particularly wanted to take this case.
>     And I expect only Justice Thomas, and Justice Alito,who expressed
>     doubts about the one person one vote rule many decades ag
>     <https://electionlawblog.org/?p=72780>o, are likely to be in play.
>
>     Second, this issue seems like it was already settled in the 1966
>     case/Burns v. Richardson
>     <https://scholar.google.com/scholar_case?case=900318815708885571&hl=en&as_sdt=6&as_vis=1&oi=scholarr>.
>     /There, the Court approved Hawaii’s use of total registered voters
>     rather than total population, saying that the issue of what to use
>     as the denominator in drawing equal districts resided in the
>     states, at least when total voters does not sway too much from
>     total population. So precedent is on Texas’s side.
>
>     Third, it would be quite anomalous (as Chief Justice Roberts
>     argued when he was a lawyer in the 9th Circuit Garza case), that
>     the Constitution /requires/the use of total population in
>     apportioning congressional districts among the states (that’s in
>     the 14th Amendment) but it /forbids/the use of total population in
>     drawing congressional (or state) districts within states. To the
>     extent that the 14th Amendment is silent, certainly it would be
>     odd to think the 14th amendment would have these two wildly
>     different rules in these cases.
>
>     Fourth, and related to the third point, there’s no strong
>     originalist argument for this position. It is certainly possible
>     to take a principled conservative position that these cases should
>     have remained non-justiciable (that is, to argue /Baker v.
>     Carr/was wrong) or that the 14th amendment does not require any
>     kind of equality in the drawing of districts (that is, to argue
>     /Reynolds/and the cases which followed it are wrong), but it is
>     not a principled conservative position to argue that the 14th
>     amendment /must/be interpreted to take discretion away from the
>     states. This argument isnot trolling
>     <http://electionlawblog.org/?p=77967>, as Andrew Grossman
>     suggested. It is a recognition that it will be hard to attract
>     conservative Justices to a position which is supported neither by
>     originalist interpretation nor by principles of federalism.
>
>     Fifth, and perhaps most importantly:Nate Persily
>     <http://www.washingtonpost.com/news/in-theory/wp/2015/10/19/theres-nothing-conservative-about-destabilizing-our-election-system/>had
>     made what I consider to bethe ironclad case
>     <http://electionlawblog.org/wp-content/uploads/evenwel-persily-Brief.pdf>that
>     actually putting a total voter standard into practicewould be
>     <http://electionlawblog.org/?p=77303>very, very difficult.We do
>     not have good data
>     <https://soundcloud.com/cac-constitution/evenwel-v-abbott-telebriefing-1222015>,
>     and we don’t come close to having good data, on voters as opposed
>     to people in districts. Is the Court going to order that the
>     census try collecting these data, or allow districts to be drawn
>     based upon sample data, which is not up to date?  It is hard to
>     imagine.
>
>     OK, so I may eat my words after oral argument. But this case
>     (unlike others) is not causing me to lose sleep at night (yet).
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77988&title=Why%20I%26%238217%3Bm%20Optimistic%20About%20Evenwel%2C%20%23SCOTUS%20One%20Person%2C%20One%20Vote%20Case&description=>
>     Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme
>     Court <http://electionlawblog.org/?cat=29>
>
>
>         “Evenwel and the Next Case” <http://electionlawblog.org/?p=77990>
>
>     Posted onDecember 3, 2015 8:15 am
>     <http://electionlawblog.org/?p=77990>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Dan Tokaji: <https://www.acslaw.org/acsblog/evenwel-and-the-next-case>
>
>         Although I’m generally loath to predict outcomes, I expect the
>         Court to reject the appellants’ argument that the Constitution
>         requires equalization of eligible voters among districts.
>         But/how/it rejects this argument is very much up in the air.
>         If/Evenwel/relies mainly on the principle of representational
>         equality, it will tend to preserve the status quo in which
>         state legislative districts are drawn based on total
>         population. On the other hand, if the Court relies primarily
>         on federalism, it will invite states to stop counting
>         children, non-citizens, and other non-voters when drawing
>         districts. Blue states will surely continue to draw districts
>         based on total population, but we can expect red states to
>         choose a narrower metric, one that diminishes the voting
>         strength of minority communities and others with large
>         non-voting populations. Those states might not even wait until
>         the next census, given that the Court opened the door to
>         mid-decade redistricting in another case from Texas,/LULAC v.
>         Perry/ <https://www.law.cornell.edu/supct/html/05-204.ZS.html>.
>
>         In sum, the issue before the Court in/Evenwel/is less
>         difficult than the question whether states must equalize total
>         population in drawing legislative districts. But/Evenwel/is
>         still very important, because what the Court says in this case
>         will affect, if not determine, the result of the next case.
>         The decision will also affect how states – especially those
>         controlled by Republicans – will draw districts after the 2020
>         census, and possibly whether they’ll redraw their current
>         districts before then.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77990&title=%26%238220%3BEvenwel%20and%20the%20Next%20Case%26%238221%3B&description=>
>     Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme
>     Court <http://electionlawblog.org/?cat=29>
>
>
>         “National Political Groups Ran More Ads in State Races This
>         Year” <http://electionlawblog.org/?p=77986>
>
>     Posted onDecember 3, 2015 7:41 am
>     <http://electionlawblog.org/?p=77986>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     CPI <http://time.com/4134259/campaign-finance-state-ads/>:
>
>         In total, 33 outside groups poured more than $32 million into
>         their own political ads this year, accounting for more than
>         one-third of the estimated $86 million inbroadcast TV ad
>         spending in the seven states
>         <https://www.publicintegrity.org/2015/10/01/18101/2015-state-ad-wars-tracker>with
>         major races, according to aCenter for Public Integrity
>         <https://www.publicintegrity.org/>analysis of data from media
>         tracking firm Kantar Media/CMAG.
>
>         That represents more than 1 in 4 political spots aired,
>         compared with fewer than 1 in 5 ads in both 2011 when the same
>         states had comparable races and in 2014 when major races
>         occurred in45 states
>         <https://www.publicintegrity.org/2014/09/22/15623/state-ad-wars-tracker>.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77986&title=%26%238220%3BNational%20Political%20Groups%20Ran%20More%20Ads%20in%20State%20Races%20This%20Year%26%238221%3B&description=>
>     Posted incampaign finance
>     <http://electionlawblog.org/?cat=10>,campaigns
>     <http://electionlawblog.org/?cat=59>
>
>
>         “David Cohen, Pioneer of Public Interest Lobbying, Dies at 79”
>         <http://electionlawblog.org/?p=77984>
>
>     Posted onDecember 3, 2015 7:39 am
>     <http://electionlawblog.org/?p=77984>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Sad news
>     <http://www.nytimes.com/2015/12/03/us/politics/david-cohen-pioneer-of-public-interest-lobbying-dies-at-79.html?ref=politics&_r=0>from
>     the NYT:
>
>         David Cohen, a self-styled Washington white-hat lobbyist who
>         as the president of Common Cause successfully fought for
>         post-Watergate laws on ethics, campaign financing and public
>         disclosure, died on Sunday in Westport, Conn. He was 79.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77984&title=%26%238220%3BDavid%20Cohen%2C%20Pioneer%20of%20Public%20Interest%20Lobbying%2C%20Dies%20at%2079%26%238221%3B&description=>
>     Posted inelection law biz <http://electionlawblog.org/?cat=51>
>
>
>         “U.S. Attorney reviewing voting rights lawsuit filed against
>         Alabama” <http://electionlawblog.org/?p=77982>
>
>     Posted onDecember 3, 2015 7:37 am
>     <http://electionlawblog.org/?p=77982>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Al.com:
>     <http://www.al.com/news/birmingham/index.ssf/2015/12/us_attorney_reviewing_voting_r.html>
>
>         The top federal prosecutor in North Alabama says she is
>         reviewing alawsuit filed Wednesday
>         <http://www.al.com/news/birmingham/index.ssf/2015/12/greater_birmingham_ministries.html>by
>         groups challenging Alabama’s law requiring people to present
>         photo identification before they can vote.
>
>         “We received a copy of the lawsuit … We are certainly reading
>         the lawsuit with great interest,” said U.S. Attorney Joyce Vance.
>
>         But Vance said it was “too speculative” at this point on
>         whether the U.S. Department of Justice would get involved in
>         the issue. But, she added, “we are acutely concerned with
>         protecting the right to vote.”
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77982&title=%26%238220%3BU.S.%20Attorney%20reviewing%20voting%20rights%20lawsuit%20filed%20against%20Alabama%26%238221%3B&description=>
>     Posted inelection administration
>     <http://electionlawblog.org/?cat=18>,The Voting Wars
>     <http://electionlawblog.org/?cat=60>,voter id
>     <http://electionlawblog.org/?cat=9>,Voting Rights Act
>     <http://electionlawblog.org/?cat=15>
>
>
>         “Who’s Behind the Ghost Companies Funding Jeb Bush’s
>         Super-PAC?” <http://electionlawblog.org/?p=77980>
>
>     Posted onDecember 3, 2015 7:31 am
>     <http://electionlawblog.org/?p=77980>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Russ
>     Choma<http://www.motherjones.com/politics/2015/11/ghost-companies-funding-jeb-bush-super-pac-right-to-rise>for
>     Mother Jones:
>
>         In February, a limited liability company called TH Holdings
>         LLC donated $100,000 to Right to Rise, the super-PAC
>         supporting Jeb Bush’s bid for the GOP presidential nomination.
>         That’s not extraordinary; quite a few LLCs have donated to the
>         super-PAC, which has so far raised more than $103 million. But
>         TH Holdings is a special case—one that represents the
>         worst-case scenario in the post-/Citizens United/campaign
>         finance landscape: untraceable corporations shoveling
>         untraceable cash into the political system. Beyond this
>         six-figure contribution, the company appears to have no
>         history of doing business anywhere. And its incorporation
>         records reveal no owners, managers, or officers.
>
>         As far as the public record goes, this looks like a ghost
>         company. So who is behind this contribution?
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77980&title=%26%238220%3BWho%26%238217%3Bs%20Behind%20the%20Ghost%20Companies%20Funding%20Jeb%20Bush%26%238217%3Bs%20Super-PAC%3F%26%238221%3B&description=>
>     Posted incampaign finance
>     <http://electionlawblog.org/?cat=10>,campaigns
>     <http://electionlawblog.org/?cat=59>
>
>
>         “Liberals, conservatives battle McConnell on plan to boost
>         political parties” <http://electionlawblog.org/?p=77978>
>
>     Posted onDecember 3, 2015 7:25 am
>     <http://electionlawblog.org/?p=77978>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Fredreka
>     Schouten<http://www.usatoday.com/story/news/politics/2015/12/02/liberals-conservatives-battle-mcconnell/76686414/>for
>     USA Today:
>
>         Despite the resistance from House conservatives and liberal
>         watchdogs, the push to strengthen political parties is gaining
>         traction from establishment Republicans and Democrats.
>
>         The liberal-leaning Brennan Center for Justice recently
>         released a report that proposed easing, or dismantling
>         altogether, candidate-party coordination limits.
>
>         Some Democratic lawyers also want to loosen those restrictions.
>
>         “In light of everything that has happened in the last five
>         years on campaign finance, including the unleashing of super
>         PACs, it’s time to revisit the effect that McCain-Feingold has
>         had on parties, especially state and local parties,” said Neil
>         Reiff, a Washington election lawyer who represents Democrats.
>
>         There’s precedent for rewriting campaign-finance laws in
>         year-end funding bills.  Last year, lawmakers tripled the
>         amount of money a single donor could give to all party
>         committees. The provision appeared on page 1,599 of a
>         1,603-page, $1 trillion spending bill.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77978&title=%26%238220%3BLiberals%2C%20conservatives%20battle%20McConnell%20on%20plan%20to%20boost%20political%20parties%26%238221%3B&description=>
>     Posted incampaign finance
>     <http://electionlawblog.org/?cat=10>,campaigns
>     <http://electionlawblog.org/?cat=59>
>
>
>         “How Far Will The Supreme Court Go In The Big New Voting
>         Rights Case?” <http://electionlawblog.org/?p=77976>
>
>     Posted onDecember 3, 2015 7:23 am
>     <http://electionlawblog.org/?p=77976>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Tierney Sneed reports
>     <http://talkingpointsmemo.com/dc/evenwel-supreme-court-texas>on
>     Evenwel for TPM.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77976&title=%26%238220%3BHow%20Far%20Will%20The%20Supreme%20Court%20Go%20In%20The%20Big%20New%20Voting%20Rights%20Case%3F%26%238221%3B&description=>
>     Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme
>     Court <http://electionlawblog.org/?cat=29>
>
>
>         “Supreme Court Blocks Native Hawaiian Vote Count”
>         <http://electionlawblog.org/?p=77973>
>
>     Posted onDecember 2, 2015 7:06 pm
>     <http://electionlawblog.org/?p=77973>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     AP reports.
>     <http://hosted.ap.org/dynamic/stories/U/US_NATIVE_HAWAIIAN_ELECTION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77973&title=%26%238220%3BSupreme%20Court%20Blocks%20Native%20Hawaiian%20Vote%20Count%26%238221%3B&description=>
>     Posted inSupreme Court <http://electionlawblog.org/?cat=29>,voting
>     <http://electionlawblog.org/?cat=31>
>
>
>         “Supreme Court Temporarily Blocks Vote Limited to Native
>         Hawaiians” <http://electionlawblog.org/?p=77971>
>
>     Posted onDecember 2, 2015 7:03 pm
>     <http://electionlawblog.org/?p=77971>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Jess Bravin reports
>     <http://www.wsj.com/articles/supreme-court-temporarily-blocks-vote-limited-to-native-hawaiians-1449103992>for
>     the WSJ.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77971&title=%26%238220%3BSupreme%20Court%20Temporarily%20Blocks%20Vote%20Limited%20to%20Native%20Hawaiians%26%238221%3B&description=>
>     Posted inSupreme Court <http://electionlawblog.org/?cat=29>,voting
>     <http://electionlawblog.org/?cat=31>
>
>
>         CAC Telebriefing on Evenwel Case
>         <http://electionlawblog.org/?p=77969>
>
>     Posted onDecember 2, 2015 6:58 pm
>     <http://electionlawblog.org/?p=77969>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Listen
>     <https://soundcloud.com/cac-constitution/evenwel-v-abbott-telebriefing-1222015>:
>
>         On December 2, 2015, Constitutional Accountability Center
>         hosted a telebriefing on the case of Evenwel v. Abbott – due
>         to be argued at the Supreme Court on the morning of December
>         8. The call featured insights from:
>
>         * CAC Civil Rights Director David Gans
>         * University of California at Irvine Law Professor Rick Hasen
>         * Stanford Law Professor Nathaniel Persily
>         * MALDEF President and General Counsel Thomas Saenz
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77969&title=CAC%20Telebriefing%20on%20Evenwel%20Case&description=>
>     Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme
>     Court <http://electionlawblog.org/?cat=29>
>
>
>         “Evenwel v. Abbott: What Does One Person, One Vote Really
>         Mean?” <http://electionlawblog.org/?p=77967>
>
>     Posted onDecember 2, 2015 6:57 pm
>     <http://electionlawblog.org/?p=77967>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Andrew Grossman has writtenthis
>     report<http://www.heritage.org/research/reports/2015/12/evenwel-v-abbott-what-does-one-person-one-vote-really-mean#_ftn31>for
>     the Heritage Foundation. Here is a summary:
>
>         /The greatest hope of those committed to the one-person,
>         one-vote status quo seems to be that in deciding/Evenwel v.
>         Abbott/, the Supreme Court will simply leave it alone if they
>         raise enough random objections. Infused in that view is a
>         great deal of dismissiveness about the merits of
>         the/Evenwel/litigation and a great deal of angst over its
>         potential political effects. If the Court is true to its
>         precedents, it will act to enforce Sue Evenwel’s and Edward
>         Pfenninger’s right to cast votes of the same weight as those
>         of their fellow Texans. If it does not do that, its decision
>         will mark a real break in the law of OPOV and, as a practical
>         matter, could even spell the beginning of the end of the
>         doctrine. That is the choice the Court faces./
>
>     Don’t miss text accompanying n. 31, in which I’m accused of trolling.
>
>     Share
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77967&title=%26%238220%3BEvenwel%20v.%20Abbott%3A%20What%20Does%20One%20Person%2C%20One%20Vote%20Really%20Mean%3F%26%238221%3B&description=>
>     Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme
>     Court <http://electionlawblog.org/?cat=29>
>
>     -- 
>     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 <tel:949.824.3072>  - office
>     949.824.0495 <tel:949.824.0495>  - fax
>     rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>     hhttp://www.law.uci.edu/faculty/full-time/hasen/
>     <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

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