General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRepublican Court Rulings Keep Helping Republicans Win Elections
https://prospect.org/justice/2024-05-15-republican-court-rulings-gerrymandering-voting-rights/
A set of ongoing lawsuits over new voting districts drawn after the 2020 census have made it more and more clear that some Republican- and Trump-appointed judges are tacitly colluding with state officials to give Republicans an advantage in elections, by disenfranchising the growing population of Black and Latino voters. Theyve been quietly successful thus far. But a decision expected as soon as today from the U.S. Supreme Court will be a key indicator as to how these anti-democratic efforts will fare in this years and future elections. This Republican effort to predetermine election results isnt coming from the place you might expect. Despite all the bluster and countless failed lawsuits, former President Donald Trump and his allies havent been able to produce a shred of evidence to back their claims of rampant election fraud by Democrats in the 2020 presidential election. Former Trump lawyer Rudy Giuliani had his radio show canceled last week for repeatedly violating a station ban on spreading lies about the 2020 election, for example.
Link to tweet
On the other hand, theres clear evidence that conservatives, acting in concert with courts that theyve stacked with partisan judges, have effectively stolen elections in recent years. Republicans now hold a majority of seats in the House largely because GOP-appointed judges and U.S. Supreme Court justices allowed state legislators to draw and use electoral maps that were racially discriminatory. And they appear to be relying on the same strategy to hang on to those seats and gain others in November. The Supreme Courts right wing made a number of indefensible interventions and rulings in 2022 that allowed states to use congressional maps that lower courts had already found to be racially biasedand which a majority of the justices themselves later agreed were discriminatory. (Its worth noting that courts have made it extremely difficult to prove racial gerrymandering in the first place, as even Chief Justice John Roberts acknowledged last June.)
Republicans in Alabama, for example, had been ordered to redraw a racially gerrymandered map by two lower federal courts prior to the 2022 elections. Still, conservative justices granted Alabamas emergency petition, despite the fact that there was plenty of time to redraw the unlawful map, and allowed the state to use it in a February 2022 ruling that was unsigned and essentially unexplained. A year later, the Supreme Court held that the map, which had been used in the 2022 elections by then, had in fact diluted the voting power of Black Alabamians. That decision came only after Alabama Republicans openly defied a Supreme Court order, actually diluting the Black vote even further in a subsequent map. Alabamas map for 2024 does include a second district with a near-majority-Black voting population, which will likely add a Democratic House seat.
The Supreme Court made similar moves in 2022 to allow Louisiana to use a racially discriminatory electoral map, and lower courts followed its lead in other cases. All told, those unjustifiable rulings allowed Republicans to racially gerrymander districts representing seven House seats, transforming them into safe Republican districts. Despite the 2023 Supreme Court ruling that ultimately unwound the racial gerrymander in Alabama, that pattern of tacit, yet fairly open, collusion continues today. As things stand, voters in three statesSouth Carolina, Florida, and Utahwill likely go to the polls in November in districts that some courts have found to be illegally discriminatory against Black voters, according to a ProPublica report last month. The discriminatory South Carolina map was reinstated after the Supreme Courts inaction. And the court also refused to block the adoption of a map that was found to discriminate against Latino communities in Washington state last month.
snip
jimfields33
(16,458 posts)Miami must redo their district areas. I guess we might lose the case in Louisiana, but maybe not.
Celerity
(44,203 posts)jimfields33
(16,458 posts)It definitely should stay 7-7.
Celerity
(44,203 posts)I hope we can claw back some seats in NY from that disastrous multi-year in the making Andrew Cuomo ratfucking that took us from a 21-5 Dem advantage for sure (and possibly 22-4 or even 23-3 Dem advantage) and took us down to only 15 D, 11 R. We lost a net 12 to 16 seats in just NY, which flipped the House by itself to the Rethugs in 2022, all because of Cuomo's obsessive war decade or so long against the NYC progressives in Albany. He rammed through a ridiculous re-districting scheme, he had conservative Dems switch to indy in the NY Senate and took away the Dem majority for several years, and he stacked the NY state courts with Rethug judges, one of whom fucked us with the 2022 map. Andrew Cuomo is the single most responsible Democratic politician for us losing the House in 2022.
Adding in NC, and that is a net swing of 18 to as many as 24 net US House seats we lost just from 2 states over 2 elections (unless we claw some seats back in NY, like I already stated).
LeftInTX
(26,115 posts)Nevilledog
(51,563 posts)Link to tweet
Marc E. Elias
@marceelias
·
Follow
🚨BREAKING VICTORY: Supreme Court BLOCKS conservative redistricting lawsuit. Louisiana will use its congressional map with two majority-Black districts for the 2024 elections!
democracydocket.com
🚨 Voting Rights Victory in Louisiana
Learn more about the latest voting rights victory in Callais v. Landry.
2:24 PM · May 15, 2024
Here's my very rudimentary understanding of this case:. Louisiana deliberately draws a map that is overwhelmingly based on racial population for the express purpose of having the Court of Appeals throw it out as being a racial gerrymand. They get their wish and Appellate court rules as much. Louisiana thought they did this early enough that SCOTUS would rule it was illegal and reinstate original maps with only one majority black district. Instead, SCOTUS stays and puts the 2 majority Black district maps in place.
Liberal justices are mad because this is too far away from elections to rule that a bad map will be used so far away from elections. (Purcell doctrine)
Celerity
(44,203 posts)Are they still mad?
If so, why?
Nevilledog
(51,563 posts)Here's a good explainer from Marc Elias:
The Purcell Principle
https://www.democracydocket.com/purcell/
When is it too close to an election to change voting laws and district maps? The heart of this question goes back to a six-page order released by the U.S. Supreme Court in 2006 that created a legal concept known as the Purcell principle. The Purcell principle is the idea that courts should not change voting or election rules too close to an election in order to avoid confusion for voters and election officials alike.
However, a big question around timing remains unanswered in the legal community: When is it too close to an election to change voting laws? This page will serve as a resource where you can read background information about the Purcell principle, find further reading and review a repository of cases highlighting the range of applications of what qualifies as too close to an election.
What is the Purcell principle?
Lets back up to the 2006 midterm elections when the Supreme Court, in deciding Purcell v. Gonzalez, reinstated a previously blocked citizenship law in Arizona just two and a half weeks before Election Day. In justifying its decision, the Court considered the timing of upcoming elections and determined that blocking the law weeks before Election Day caused confusion for both voters and election administrators. Importantly, in its ruling, the Court did not draw a line in the sand for what it defines as too close to an election to alter voting rules.
From blocking pandemic-era voting reforms to reinstating gerrymandered congressional maps, the Supreme Court has cited Purcell in ways that are inconsistent and vague, opening the door for unnecessary voter disenfranchisement and unfair districts. In turn, lower courts have applied their own interpretations of the principle, pointing to various applications in the Supreme Court to justify their rationale of when its too close to an election to change voting rules.
*snip*
In the Louisiana case, the Republicans intentionally drew an illegal map because they thought they did it early enough that the Supremes would rule it unconstitutional and then Republicans could run through a new map that was unconstitutional IN REPUBLICANS FAVOR. They were counting on the Supremes applying Purcell to that map, which would allow them to use the new Republican map for the next election.
The liberal justices don't agree with Purcell to begin with, and are even more pissed the RWNJs on the court are applying it so early. They understand that Republicans will, with help of the majority of Supremes, push unconstitutional voting laws and maps knowing they'll be allowed to use them for at least one election cycle.