Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
14 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
NC gerrymandering vs Pennsylvania can someone explain the dif (i know one is state and other fed)but (Original Post) bluestarone Jan 2018 OP
State constitutions zipplewrath Jan 2018 #1
so all states could be dif? bluestarone Jan 2018 #2
There's a political gerrymandering case before the Supreme Court now PoliticAverse Jan 2018 #3
Yup zipplewrath Jan 2018 #4
and that could be changed maybe if DEM Gov was voted in? (if we had control ot st houses too? bluestarone Jan 2018 #5
Well, not exactly zipplewrath Jan 2018 #6
then again if that was the case the Repubs would again bluestarone Jan 2018 #8
In politics zipplewrath Jan 2018 #10
Some states are looking to have non-partisan commissions to do the line drawing BumRushDaShow Jan 2018 #11
From "The Hill" 01-22-2018, 1:57 PM: PA Supreme Court rules congressional map unconstitutional John1956PA Jan 2018 #7
Penn. state constitution does not allow appeal to Supreme Court so it is final, wishstar Jan 2018 #9
From Prof. Hasen's election law blog Gothmog Jan 2018 #12
I live here and am not sure to be honest why we haven't gone to the NC Supreme court dsc Jan 2018 #13
From Prof. Tribe Gothmog Jan 2018 #14

PoliticAverse

(26,366 posts)
3. There's a political gerrymandering case before the Supreme Court now
Mon Jan 22, 2018, 04:30 PM
Jan 2018

that will be decided around June.

Until that ruling it's basically on a state by state basis.

zipplewrath

(16,646 posts)
4. Yup
Mon Jan 22, 2018, 04:30 PM
Jan 2018

It can hinge on the unique wording of a state constitution, or on the interpretation of the particular state Supreme Court.

zipplewrath

(16,646 posts)
6. Well, not exactly
Mon Jan 22, 2018, 04:34 PM
Jan 2018

Unless they have some reason to have a significant effect on the Court. Now, legislatively they can change the districts to be more balanced and fair, although I suspect they'd be tempted to tilt them democratically.

bluestarone

(16,723 posts)
8. then again if that was the case the Repubs would again
Mon Jan 22, 2018, 04:41 PM
Jan 2018

appeal to ST supreme court rt? And in the NC case (according to NC constitution) the Federal SC will decide? SRY Just trying to get it straight in my mind

zipplewrath

(16,646 posts)
10. In politics
Mon Jan 22, 2018, 04:53 PM
Jan 2018

All things are possible. But the USSC is unlikely to overturn a decision based upon a State Constitution. But ya never know.

BumRushDaShow

(127,330 posts)
11. Some states are looking to have non-partisan commissions to do the line drawing
Mon Jan 22, 2018, 05:26 PM
Jan 2018

Here in PA, there is a group called Fair Districts PA that has promoted legislation and a timeline to amend the state Constitution (upon approval from the public via a referendum) in order to create an independent Commission to do the congressional (and probably state) lines after the 2020 census.

Eric Holder is leading an organization called the "National Democratic Redistricting Committee" to help shepherd states through the process, with a focus to get Democrats back to the level they should be based on voter affiliation.

John1956PA

(2,654 posts)
7. From "The Hill" 01-22-2018, 1:57 PM: PA Supreme Court rules congressional map unconstitutional
Mon Jan 22, 2018, 04:35 PM
Jan 2018

From http://thehill.com/homenews/state-watch/370127-pennsylvania-supreme-court-rules-state-congressional-map-is

The Pennsylvania Supreme Court on Monday ruled that the state’s congressional map is the result of gerrymandering, to the point that it violates the state constitution.

The court ordered that the state must draw a new congressional map ahead of the 2018 midterms, according to multiple reports. The decision is a major victory for Democrats, who argued the map had been gerrymandered to benefit Republicans.

Republicans redrew the state’s map in 2011. The state’s general assembly must submit a new map to the governor for consideration by Feb. 9, according to the court order.

Democratic Gov. Tom Wolf then has until Feb. 15 to submit a plan to the court.


http://www.post-gazette.com/image/2017/12/08/1140x_q90_a10-7_cTC_ca0,0,1250,833/congressional-map-established-in-2011.png

wishstar

(5,267 posts)
9. Penn. state constitution does not allow appeal to Supreme Court so it is final,
Mon Jan 22, 2018, 04:42 PM
Jan 2018

whereas the NC Supreme Court ruling that gerrymandering was unconstititional could be appealed to the Supreme Court (because of NC constitution) and the Federal Supreme Court ruled that they will not make final decision yet for NC and that in the meantime they are allowing NC districts to not have to be redrawn yet.

Gothmog

(144,005 posts)
12. From Prof. Hasen's election law blog
Mon Jan 22, 2018, 07:15 PM
Jan 2018

This is a decent explanation http://electionlawblog.org/?p=97047

Today the Pennsylvania Supreme Court on state law grounds held the state’s congressional districting violated the state constitution. It ordered the state legislature to submit a plan with compact and contiguous districts. If it can’t get a plan signed by the (Democratic) governor, the Pa courts will draw the maps. (Two Justices dissented.)

This case is separate from a federal constitutional case (Agre v. Wolf) that is on its way to SCOTUS. That case may be mooted by today’s state ruling.

I leave to others whether the Republican legislature and Democratic governor would be able to agree on a plan.

But Republicans have already said they will appeal today’s ruling to the U.S. Supreme Court. At first blush, it looks like there would be no basis, as this case is under the Pa. Constitution, and the state supreme court is the final arbiter of what that means. However, as I’ve noted, the state legislature may argue that Article I vests in the state legislature, and not the state courts, the power to set the rules for congressional elections (subject to congressional override). These kinds of arguments have not done well in recent years (think of the Arizona redistricting case), but perhaps that’s what the Republicans have in mind. Shades of Bush v. Gore. The argument is a long shot but not an impossible one.

dsc

(52,130 posts)
13. I live here and am not sure to be honest why we haven't gone to the NC Supreme court
Mon Jan 22, 2018, 08:55 PM
Jan 2018

in the election of 2016, Democrats won control of the court and I thought people were thinking of bringing a state level case. That said, different state constitutions stay different things.

Latest Discussions»General Discussion»NC gerrymandering vs Penn...