<x-flowed>I have placed a draft of an essay on court-drawn redistricting plans at
the following links:
http://hq.ssrn.com/submissions/Review.cfm?AuthorID=105576&AbstractID=686438
http://www.law.upenn.edu/fac/npersily/workinprogress/persily.gw.posted.pdf
The title of the article is "When Judges Carve Democracies: A Primer on
Court-Drawn Redistricting Plans"
I would appreciate any comments -- constructive or destructive. An
abstract appears below.
This essay presents guidelines for courts that undertake to draw their
own redistricting plans. Although several dozen courts over the last
four redistricting cycles have drawn their own plans, there is precious
little in the caselaw or secondary sources to provide guidance. As a
result, courts vary considerably in the procedures they follow and the
substantive factors they take into account in their plans. This essay
discusses the unique legal constraints on court-drawn plans and assesses
the costs and benefits of following various procedures or substantive
redistricting principles. The unique context of each case that spurs
judicial involvement will often affect a plan more than will universal
factors common to all such cases. However, each court that jumps into
the political thicket of redistricting must make several critical
decisions concerning how much deference it will give to the existing
plan, whether to consider the political and incumbency-related effects
of its plan, how much input the parties and the public will have in the
process, and which, if any, Òtraditional districting principlesÓ ought
to apply.