Redistricting Flashcards
Consequences of silent gerrymandering
not doing anything because people are moving around
Baker v Carr
A Tennessee case in which redistricting had not occurred with the changing population in urban/rural areas.
-Created the “One person, one vote” precedent and took down county unit system and rural counties benefitted
Reynolds v Sims
Alabama case in which Jefferson county had a disproportionate amount of eligible voters to other counties
- in bicameral state legislatures, it should be apportioned based on population
Wesberry v Sanders
Georgia case in which the court ruled that requires each state to draw its U.S. Congressional districts so that they are approximately equal in population.
Consequences of initial redistricting
- Personnel changes: more diversity, more Republicans, more urban, better educated
- Policy changes – different winners and losers in terms of public policy and expenditures
Partisan consequences of redistricting
- Enhanced opportunities for minorities and Republicans in urban areas
who were first black legislators in modern times after redistricting
GA senate 1963: Leroy Johnson
House 1966: Julian Bond & 6 others
US v georgia (1973)
Section 5 of the Voting Rights Act applies and the submitting jurisdiction has the burden of proof
* Section 5 – non-retrogression standard
What years were there black GOP coalitions
1982 & 1992
Section 2 incorporation into Section 5 at the behest of the Bush DOJ.
1990
Racial gerrymandering
Bleached districts became more winnable by Republicans
Separated a number of Democratic incumbents from their bases without sufficient time to recover before the 1994 Wave election
Shaw v Reno
North Carolina submitted a redistricting map and had only 1 majority black district and was advised to make another one. An oddly shaped district was made which was claimed to be racial gerrymandering
-established that redistricting must be strictly scrutinized and that race CANNOT be the main reason for redrawing lines
Miller v Johnson
Georgia case in which Black population was entitled to seconds black district, but the new district stretched form Atlanta to the ocean
-using shaw v reno, race cannot separate/ create districts
Bush v Vera
Texas case in which drawn districts were found to be unconstitutional as they were based off gender and made it difficult for minorities to elect someone of their own choice
2002 racial consequences
Black caucuses decline to work with GOP
Democrats struggle to hold on to majorities in GA
Larios v Cox
georgia case in which 2001 & 2002 redistricting violated one man one vote and underpopulated rural areas in comparison to suburban areas
2011 racial consequences
Republicans draw districts
GA: Maximize districts black majority in registration.
FL constitutional amendment prohibiting the drawing of districts to benefit an individual or party and, to the extent possible, adhering to existing political boundaries.
Litigation in AL, NC and VA alleged packing of blacks results in new districts
2011 racial consequences
Republicans draw districts
GA: Maximize districts black majority in registration.
FL constitutional amendment prohibiting the drawing of districts to benefit an individual or party and, to the extent possible, adhering to existing political boundaries.
Litigation in AL, NC and VA alleged packing of blacks results in new districts
Alabama Partisan gerrymandering effects
- An AL federal court ruled under Section 2 that the state needed to draw a 2nd majority Black congressional district
- Supreme Court delays ruling on appeal from AL case until the current term
- If Supreme Court upholds the AL decision, several southern states, probably including GA, will have to redraw district which will advantage Democrats
Why doesn’t GOP want redrawing?
- Fairer maps could cost GOP numerous seats in the South – in Congress and dozens of state legislative seats.
Gerrymandering in the courts?
- 2019: Supreme Court rules 5 – 4 that claims of partisan districting raise a political question and therefore no relief is available in federal courts
- State courts in NC and PA have found that partisan plans violate the state constitution.
GEORGIA GOP SHARES OF VOTES AND SEATS
Senate House
Vote Seats Votes Seats
1992 40% 27% ? 29%
1994 45 38 ? 37
Both Chambers Redistricted
1996 52 39 51 41
1998 51 39 53 43
2000 55 43 52 42
Both Chambers Redistricted
2002 55 46 52 41
2004 57 61 57 53
2006 67 61 59 59
Changing black perspective on redistricting 1981
Seeking 65% black population
Changing black perspective on redistricting 1991
Seeking to maximize the number of heavily black districts
Changing black perspective on redistricting 1981-1992
working with the GOP to achieve goals
Changing black perspective on redistricting 2001
Working with white Democrats to maintain Democratic majorities and willing to reduce black concentrations to just above 50%
Changing black perspective on redistricting post 2012
Challenging GOP plans that pack minorities in districts. Seeking districts slightly less than majority black and counting on enough white votes to elect African Americans
