[EL] More on Freedom to Vote Act (Title V: Nonpartisan Redistricting Reform)

[Rick Hasen]

That analysis was from Nick Stephanopoulos, not from me (it’s here: https://electionlawblog.org/?p=124617).

Always be sure to check the author of the ELB blog post.

Thanks!


From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of "Chin, Andrew" <chin at unc.edu>
Date: Wednesday, September 15, 2021 at 2:11 PM
To: "law-election at department-lists.uci.edu" <law-election at department-lists.uci.edu>
Subject: [EL] More on Freedom to Vote Act (Title V: Nonpartisan Redistricting Reform)

Many thanks to Rick Hasen yesterday for thinking through the 7% partisan bias threshold, which effectively repeals Gill and rehabilitates the efficiency gap, which the trial court had endorsed. Perhaps less explicitly, Title V also repeals Rucho. As a member of Jonathan Mattingly's Quantifying Gerrymandering group, my attention went directly to Sec. 5003, which enshrines computer-sampled ensembles as the baselines for measuring effects, and Sec. 5006 which provides private rights of action in federal court for violations. In effect, this repeals Rucho and restores the trial court's decision and analysis of the statistical evidence presented by Mattingly and Jowei Chen.

If you'll excuse the self-plug, Mattingly, Gregory Herschlag and I wrote a 2019 article<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3477091> explaining the statistical evidence for a legal audience. More recent<https://www.yalelawjournal.org/author/moon-duchin> papers<https://hdsr.mitpress.mit.edu/pub/1ds8ptxu/release/4> by Moon Duchin, Daryl DeFord et al. give the current lay of the rapidly evolving landscape of computer-sampled ensembles for partisan gerrymandering litigation.

Andrew


[cid:image001.jpg at 01D7AA3B.BD5B7940]
Andrew Chin
Paul B. Eaton Distinguished Professor
University of North Carolina School of Law
160 Ridge Road, CB #3380
Chapel Hill, NC 27599-3380
AndrewChin.com
(he)
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