[EL] CA Senate Unanimously Passes Resolution Supporting One Person, One Vote and Opposing Evenwel #SCOTUS Case

[Derek Muller]

Apart from multiple (and egregious) misstatements about the actual dispute
in the *Evenwel* case (e.g., "Federal courts have consistently endorsed the
use of total population, including those ineligible to vote, to determine
equal apportionment since Reynolds v. Sims"; "Not counting immigrants,
whether with legal status or undocumented, as full persons for purposes of
apportionment..."; etc.)....

While I'm rather sympathetic
<http://www.libertylawsite.org/2015/05/29/one-man-one-vote-in-texas/> to a
stirring defense of the constitutionality of the existing reapportionment
schemes, it's worth noting that the lawsuit, if successful, would not *preclude
*California from drawing districts with an equal number of people *and*
with an equal number of "voters" (under whichever standard might be
adopted). I confess that it might make it much more of a challenge (if not
nearly impossible), I suppose, particularly if compactness remains a
crucial feature in redistricting. I wonder if we'll see (or if there
already exist!) more robust attempts (in practice or in proposed theory) to
meet both standards simultaneously (which, I think, is part of appellant's
claim in briefing).

Derek

Derek T. Muller

Associate Professor of Law

Pepperdine University School of Law

24255 Pacific Coast Hwy

Malibu, CA 90263

+1 310-506-7058

SSRN: http://papers.ssrn.com/author=464341

Twitter: http://twitter.com/derektmuller


On Mon, Jun 22, 2015 at 7:59 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

>
> Posted in ballot access <http://electionlawblog.org/?cat=46>, campaign
> finance <http://electionlawblog.org/?cat=10>, third parties
> <http://electionlawblog.org/?cat=47>
> CA Senate Unanimously Passes Resolution Supporting One Person, One Vote
> and Opposing Evenwel #SCOTUS Case <http://electionlawblog.org/?p=73670>
> Posted on June 22, 2015 5:13 pm <http://electionlawblog.org/?p=73670> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> The vote on the DeLeon bill
> <http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SJR13&search_keywords=>
>  was 36-0.  it now moves to the Assembly.
>
> Video excerpts
> <https://www.youtube.com/watch?v=Pa2w1Tl5uoU&feature=youtu.be> of debate
> in CA state senate.
>  [image: Share]
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73670&title=CA%20Senate%20Unanimously%20Passes%20Resolution%20Supporting%20One%20Person%2C%20One%20Vote%20and%20Opposing%20Evenwel%20%23SCOTUS%20Case&description=>
>  Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>
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