The Independent View: Flurry of Courts Have Ruled on Election Maps

Judges in a Number of States have recently thrown out Election Maps, saying that they have been Gerrymandered to the point of being Unconstitutional, effectively dooming one Party to permanent Underrepresentation.

The decisions are certain to have drawn the Supreme Court’s interest as it mulls a Resolution to the question of Extreme Partisan Gerrymanders. The Justices are expected to decide this Spring whether the practice violates the Constitution, and if so, how to determine whether an Electoral Map is fairly drawn.

Here are the basics of the Major Contested Cases:

Maryland: 6th Congressional District - Statewide, Democrats hold Seven of the State’s Eight House Seats, including the 6th Congressional District, while Republicans hold One. The Boundaries of the District have been the subject of Legal Challenges since they were drawn in 2011. In the current Case, known as Benisek v. Lamone, Republicans were denied a Preliminary Injunction by a Three-Judge Federal Panel, and Appealed that Denial to the Supreme Court, which unexpectedly took the Case. The Plaintiffs argue that Democratic State Lawmakers drew the Map to place the Republican who had held the Seat for 10 Terms, Roscoe G. Bartlett, at a Political Disadvantage, Violating the Voters’ First Amendment Rights. Mr. Bartlett was defeated in 2012. The Supreme Court is Scheduled to Hear Arguments in the Case in late March. The Map remains in Effect for the time being.

North Carolina: Congressional Districts - In 2016, Republican Candidates received 53% of the votes cast, and won 10 of the State’s 13 Seats; Democrats received 47% of the votes and won 3 Seats. The Map was thrown out and ordered Redrawn by a Panel of Three Federal Judges on Jan. 9th, who said that Republicans had Drawn it most recently in 2016 in an attempt to gain a Political advantage. The Supreme Court temporarily Blocked the Lower Court’s Order to Redraw the Map Nine days later. The Supreme Court has not said whether it will schedule Arguments in the Case, known as Rucho v. Common Cause. The Court may choose instead to let whatever Ruling it issues in another Gerrymandering Case stand as its Final Word on the matter. Because of the temporary Block, Experts say the current North Carolina Map will probably remain in effect for the Midterm Elections this Fall.

Pennsylvania: Congressional Districts - Republican Candidates received 54% of the vote in 2016, and won 13 of the State’s 18 Seats. Democratic Candidates received 46% of the votes and won Five Seats. The State Supreme Court ruled on Jan. 22nd that the Map “clearly, plainly and palpably” Violated the State Constitution and ordered the Map Redrawn. The Republicans who control the State Legislature asked the United States Supreme Court to Block the State Court’s Order, but were turned down. The Republican Leaders then Drew a New Map with less Convoluted District Lines than before, but Pennsylvania’s Democratic Governor, Tom Wolf, refused to Approve it, saying it was just as severely Gerrymandered for Partisan advantage as the old Map was. Under the State Court’s Order, a Neutral Outside Expert, Nathaniel Persily of Stanford University, is to Draft and submit a New Map that satisfies the Court’s Criteria by Thursday, Feb. 15th. The Court said it intended to Certify a Map by Monday, Feb. 19th. As the Map is Redrawn, there are potential Political and Legal consequences worth watching. Republicans have said they are considering other moves in Federal Court to Delay or Alter the State Supreme Court Order, but Experts say the odds of success are slim. The State Court has Rejected Republican efforts to Disqualify Two of its Judges on Ethics grounds. As matters now stand, the May 15th Primary and Nov. 6th Midterm General Election for House Seats will be held using a New Map. But the old one will still be in effect for a Special Election on March 13th to fill one vacant House Seat.

Wisconsin: State Assembly Districts - In the most recent General Election, 52% of the votes were cast for Republican Assembly Candidates, who won almost two-thirds of the Seats, 64 out of 99. Democrats received 46% of the Vote and won 35 Seats. What’s happened so far? In November 2016, a Panel of Three Judges ruled that the Map was Unconstitutionally drawn to favor Republicans, the first time a Partisan Gerrymander was struck down in Federal Court. The ruling was notable, according to Experts, because it provided a clear Mathematical Formula to Measure how Partisan a District Map is. The Decision was Appealed to the Supreme Court, which took the Case, known as Gill v. Whitford), and heard arguments in October 2017. The Supreme Court is expected to rule in the Spring, probably setting the course for the other Cases in Federal Court as well.