Tag Archives: Justice Brett Kavanaugh

Alabama Map Ruling Stayed; Redistricting Update

By Jim Ellis

Alabama redistricting map (Click on the map above or go to DavesRedistricting.org to see interactive map)

Feb. 9, 2022 — On a 5-4 vote, the US Supreme Court voted to stay the lower court ruling that invalidated the new Alabama congressional map. A Republican three-judge panel had ruled that a second majority minority district could have been drawn among the state’s seven congressional districts, and thus disqualified the plan on Jan. 23.

Writing a concurring opinion, Justice Brett Kavanaugh stated that the lower court decision was made too close to the 2022 election, meaning that the judicial process would not have proper time to hear the appeal and make an educated ruling prior to the state’s scheduled primary election. The ruling does not mean the appeal was granted, but merely postpones hearing the case to a later date.

Analysts say the stay ensures that the original map will be in place for this year’s election. It does not mean, however, that the map won’t be altered for the 2024 election and beyond.

The new plan is virtually an extension of the current map, which elected six Republicans and one Democrat in the 2020 election. It was a curious original decision, not only because the judges that ruled against the GOP map drawers were appointed by former President Donald Trump (2) and the late President Ronald Reagan (1), but that the same map footprint stood unencumbered for the past 10 years.

The major change made from the current map to the new draw came in the 7th CD, which is the Voting Rights district. The legislature, however, had no choice but to make a substantial change. AL-7 was 53,143 people short of reaching the state’s congressional district population quota of 717,754 individuals.

The previous ruling also postponed the Jan. 28 candidate filing deadline for the Alabama US House candidates. Those running for all other offices have now already filed and been qualified for the respective party primary ballots. The congressional candidates will now file on Feb. 11.

Redistricting Notes

• Summarizing the legal action in other states, the North Carolina map has been disqualified and the legislature will now return to redraw the congressional and state legislative maps. As has been the case throughout the previous decade, the partisan Republican legislature and the partisan Democratic state Supreme Court continue to go back and forth over the issue of partisan gerrymandering.

• The lower court ruling in Michigan rejected the Detroit area Democratic current and former state legislators’ claim that the Michigan Independent Citizens Redistricting Commission members violated the Voting Rights Act in drawing the city of Detroit’s congressional and state legislative maps. Unless an appeal is granted, the new Michigan maps will stand for this year’s elections.

• The Kansas legislature adjourned without voting to override Gov. Laura Kelly’s (D) veto of the state’s congressional map. The hasty adjournment move, however, allows the legislature to reconsider the veto override. Without a successful override vote, the map will go to the courts for a redrawing of the Kansas City metro area.

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SCOTUS: The Effect of Replacing Late Supreme Court Justice Ruth Bader Ginsburg On The 35 Senate Races

By Jim Ellis

Late Supreme Court Justice Ruth Bader Ginsburg

Sept. 22, 2020 — A secondary question surrounding the replacement process for the late Supreme Court Justice Ruth Bader Ginsburg is how will the confirmation fight over the next judicial nominee resonate in the 35 Senate races?

In the 18 campaigns that appear non-competitive (9D; 8R) – for example, in Illinois (Sen. Dick Durbin-D), Rhode Island (Sen. Jack Reed-D), Arkansas (Sen. Tom Cotton-R), and Idaho (Sen. Jim Risch-R) to name a representative quartet – the Supreme Court battle will have little influence over the Senate outcome since those situations are virtually decided.

If the individual campaigns play the issue correctly, however, the Supreme Court vacancy development could be a boon to most competitive Republican incumbents and candidates in traditionally conservative states that are moving closer to the political center.

Democratic challengers in the more conservative states could have trouble because the issue matrix likely to be discussed through the nomination and confirmation process should activate the more conservative voting base. This is likely the case in the key competitive southern domains (AL, GA, NC), and in the Midwest and Rocky Mountain states, particularly in Iowa, the Kansas open seat, and for the Montana duel, in addition to the far west campaign in Alaska.

Perhaps the senator in the worst confirmation question situation, and one who can ill afford to be embroiled in such a predicament, is Maine Sen. Susan Collins (R). Already trailing in polling to state House Speaker Sara Gideon, Sen. Collins’ immediate call to postpone the process, and what will likely lead to a vote against the motion to proceed, will likely cost her conservative votes that she badly needs.

Her position to postpone has likely angered many who comprise the conservative base and gained her nothing with the Independents and soft Democrats that she desperately needs to close the gap between she and Gideon.

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