[EL] Florida, redistricting, and state constitutions

[Josh Douglas]

Jim Gardner has also done some very good work on state constitutions,
redistricting, and the right to vote.  See, e.g., James A. Gardner, *Foreword:
Representation Without Party: Lessons from State Constitutional Attempts to
Control Gerrymandering*, 37 RUTGERS L.J. 881, 886 (2006) and James A.
Gardner, *Liberty, Community and the Constitutional Structure of Political
Influence: A Reconsideration of the Right to Vote*, 145 U. PA. L. REV. 893,
893 (1997).

(And, of course, there's my own
<http://www.vanderbiltlawreview.org/2014/01/the-right-to-vote-under-state-constitutions/>
work <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2495078> on state
constitutions, state judges, and the right to vote.)

-- 
Joshua A. Douglas
Robert G. Lawson & William H. Fortune Associate Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu

On Thu, Jul 9, 2015 at 6:56 PM, Michael McDonald <
dr.michael.p.mcdonald at gmail.com> wrote:

> You wouldn’t be too surprised if you had also read this manuscript by
> Micah Altman, Brian Amos, Dan Smith and myself, “Revealing Preferences: Why
> Gerrymanders are Hard to Prove, and What to Do about It”
>
>
>
> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2583528
>
>
>
> In it, we explain how courts use plan comparison to determine when
> gerrymanders occur. Analyzing the Florida district court decision, we show
> how the Florida Supreme Court could use the plan comparison method to
> determine that a violation of the first tier prohibition on partisan intent
> occurred. And they did just that in their ruling.
>
>
>
> ============
>
> Dr. Michael P. McDonald
>
> Associate Professor
>
> University of Florida
>
> Department of Political Science
>
> 223 Anderson Hall
>
> P.O. Box 117325
>
> Gainesville, FL 32611
>
>
>
> phone:   352-273-2371 (office)
>
> e-mail:  dr.michael.p.mcdonald at gmail.com
>
> web:     www.ElectProject.org <http://www.electproject.org/>
>
> twitter: @ElectProject
>
>
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Schultz,
> David A.
> *Sent:* Thursday, July 09, 2015 5:25 PM
> *To:* law-election at uci.edu
> *Subject:* [EL] Florida, redistricting, and state constitutions
>
>
>
> Dear All:
>
>
>
> The Florida decision today striking down part of the state's
>  redistricting
>
>  plan is not an entire surprise, at least for those of us who teach state
> constitutional law.
>
>
>
> About a decade ago I did a couple of pieces on  state courts and partisan
> gerrymandering.  The cites are below.  Too often in general we think all
> the action is in the federal courts but for those of us who teach state con
> law we know that state courts are increasingly using their own
> constitutions to address issues that the federal courts do not.  Just last
> week or so the Oklahoma Supreme Court issued a pairs of decisions to prove
> that.  My point is that there is a vastly neglected field of election law
> that fails to look at state constitutional arguments when it comes to
> issues such as voting rights, gerrymandering, etc.  The Florida case is a
> message for us not to neglect these cases.
>
>
>
> The Party’s Over:  Partisan  Gerrymandering and the First Amendment, 36
> Capital Law Review 1 (2007).
>
>
>
> Redistricting and the New Judicial Federalism: Reapportionment Litigation
> Under State Constitutions, 37 Rutgers L. J. 1087 (2006).
>
> --
>
> David Schultz, Professor
> Editor, Journal of Public Affairs Education (JPAE)
> Hamline University
> Department of Political Science
>
> 1536 Hewitt Ave
>
> MS B 1805
> St. Paul, Minnesota 55104
> 651.523.2858 (voice)
> 651.523.3170 (fax)
> http://davidschultz.efoliomn.com/
> http://works.bepress.com/david_schultz/
> http://schultzstake.blogspot.com/
> Twitter:  @ProfDSchultz
> My latest book:  Election Law and Democratic Theory, Ashgate Publishing
> http://www.ashgate.com/isbn/9780754675433
> FacultyRow SuperProfessor, 2012, 2013, 2014
>
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