Tag Archives: Supreme Court

Meehan to Go

By Jim Ellis

Jan. 29, 2018 — The alleged sexual harassment situation involving four-term Pennsylvania Rep. Pat Meehan (R-Chadds Ford) culminated with his retirement announcement, last week.

Pennsylvania Rep. Pat Meehan (R-Chadds Ford)

In a letter to Speaker Paul Ryan and his local Republican Party chairman, Meehan wrote that he will not be a candidate for a fifth term in November. But, his personal situation may not be the only reason that voluntarily leaving Congress makes sense for him.

As we’ve discussed on several occasions, the Pennsylvania state Supreme Court invalidated the state’s congressional map earlier this week on grounds that the empowered Republican political apparatus took partisanship too far in constructing the 2011 plan. The GOP will try to flip this case into federal jurisdiction — the US Supreme Court has never ruled a map invalid because of political gerrymandering, and are actively considering several such cases during the current term — but the party’s prospects of doing so are likely poor.

If the state high court’s ruling stands, the legislature and governor will be forced to present a new map to the Justices by Feb. 15 in order to keep pace with the current election calendar. The short deadline will likely avoid compelling the court to delay the state’s March 6 candidate filing deadline and May 15 primary election.

Now with a Democrat governor in office, and not the Republican that signed this map into law, it is highly probable that a veto will occur over the next GOP iteration. If so, then the court will appoint a special master to draw the new map.

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Early National Report Card

By Jim Ellis

Feb. 14, 2017 — Morning Consult and the Politico publication joined forces to conduct a major national tracking survey that begins to understand how Americans are viewing the current political state. The polling period occurred Feb. 2-4, through extensive interviews with a large 2,070 registered voters sampling universe.

The questionnaire covered how people view President Trump, the congressional leaders, the direction of the country, and their attitudes about key issues currently facing the nation including Supreme Court nominee Neil Gorsuch’s confirmation status.

The right track-wrong track question — though a sizable majority still express negative opinions about where the country is headed — is improving according to this survey. By are margin of 40:60 percent, the respondents believe America is now on the right track. Previously, the ratio had been much worse: well into the 70-plus percentile range responding wrong track during the presidential campaign.

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The Florida Switch

Oct. 20, 2015 — Central Florida House Republicans are getting nervous. The new redistricting plan, which the state Supreme Court is likely to soon adopt, is not kind to the middle-state GOP incumbents. In preparation, press rumors are floating that several members will switch districts in order for each to have a winnable place to run next year.

Under the lower court’s proposed map, Rep. Dan Webster (R-FL-10) is the odd man out. His current Orlando-anchored district goes from a 46 percent Obama district to one where the president scored 61 percent. Therefore, the new 10th District becomes unwinnable for Webster even by his own admission.

Ironically, Rep. Alan Grayson’s (D) 9th District, now a 62 percent Obama district becomes even more Republican than the new 10th. The new southeastern Orlando suburban 9th would carry a 56 percent Obama rating, but even this Republican improvement would not yield a GOP victory particularly in a presidential election year. The 9th will be an open seat because Rep. Grayson is running for the Senate.

Rep. John Mica’s (R) 7th District is currently a 47 percent Obama district that would move to 49 percent Obama because the city of Sanford is annexed, which makes it a virtual tie at the presidential level (Mitt Romney also scored 49 percent). The open 6th District, northeast of the 7th that hugs the Atlantic coast from Daytona through Volusia County, is the seat Rep. Ron DeSantis (R) is vacating to run for Senate. This district gets more Democratic, too, but should remain in Republican hands. Originally, the 6th gave 41 percent of its votes to Obama; now, it would be 46 percent.

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SCOTUS: Arizona Ruling Upholds Initiative

July 1, 2015 — The US Supreme Court released their long-awaited ruling on the Arizona redistricting case on Tuesday. In a common 5-4 decision, the high court allowed the Arizona Independent Redistricting Commission (AIRC) to stand and, as a result, similar commissions in other multi-district states (California, New Jersey, Washington) have affirmed legitimacy. The practical result is that congressional districts in these aforementioned places will stay intact for the remainder of the decade.

Justice Ruth Bader Ginsburg wrote for the majority. Her final two sections illuminate the crux of the ruling (see below), that the initiative process allowing the voters to decide legislative issues is the major tenet of this case and not just the Arizona redistricting circumstance.

The Arizona Legislature brought the suit, and the SCOTUS decision affirmed that the body had legal standing to bring such action. Their argument was that the US Constitution gave exclusive power to the state legislature to redistrict post reapportionment.
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Developments in MS-1 Special,
Illinois Senate, Virginia Redistricting

April 1, 2015 — Candidate filing closed this past Friday for the MS-1 special election, which Rep. Alan Nunnelee’s (R) death made necessary. Twelve Republicans and one Democrat will be on the May 12 Mississippi jungle primary ballot. With so many candidates qualifying, a June 2 run-off between the top two finishers is a virtual certainty, since it would be very difficult for any one contender to attract a majority of the vote.

One prominent name missing from the list is former Rep. Travis Childers (D), who won the last special election held here, and then claimed a full term later in 2008. He was unseated in 2010, and then lost to Sen. Thad Cochran (R) last November in a statewide general election contest. Though it is always possible lightning could have again struck for him in a special election, the chance of Childers holding this strongly Republican northern Mississippi district for a long duration is an unlikely one, at best. Hence, his decision not to run.

The lone Democrat running is former Jackson mayoral aide Walter Zinn. His prospects of qualifying for the run-off are somewhat realistic because the Republican vote will be split literally a dozen ways. His prospects are thin, however, to capture the seat in the run-off. Aside from being a prohibitive underdog against a Republican in a one-on-one battle, Zinn’s Jackson political base is not even in the 1st District.
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The Wacky 36th CD in Texas

Texas’ 36th Congressional District

When Rep. Steve Stockman (R-TX-36) signed his official candidate documents to run against Texas Republican Sen. John Cornyn, only hours remained in the candidate filing period. After the figurative dust cleared, Republican Party officials decided that there needed to be an extended opportunity for more individuals to enter the now incumbent-less 36th District congressional race. So after citing some legal technicalities in the way Rep. Stockman withdrew his previous filing from the House race, they extended the qualification period for this race alone through Monday, Dec. 16. But, the extra period is not open to all.
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Impact of NC Redistricting Upheld

The special three-judge state panel hearing the redistricting challenge to the legislative and congressional maps unanimously, and with a mention that partisanship was left out of their decision, ruled in favor of the state of North Carolina. This means that the Republican-drawn maps will continue to stand.

The judicial panel was comprised of two Democrats and one Republican. The upheld maps sent nine Republicans and four Democrats to Washington from the congressional delegation; a state Senate consisting of 33 Republicans and 17 Democrats; and a state House comprised of 77 Republicans and just 43 Democrats. Prior to the 2010 elections and the subsequent redistricting, Democrats held an 8-5 advantage in the congressional delegation, a 30-20 margin in the state Senate, and commanded a 68-52 House majority.

The decision will undoubtedly be appealed to the state Supreme Court, but a panel with a Republican majority is unlikely to overturn a Democratic special court that found in the state’s favor.

There are two key practical effects from the ruling. First, as it relates to the US Supreme Court’s Shelby County v. Holder opinion, it is now highly unlikely that the maps will be redrawn prior to the next census. Thus, the Shelby County decision will not likely come into play here until 2021. Since North Carolina has live redistricting litigation ongoing, as does Florida, Arizona, and Kentucky, an overturn of the state’s map could have had a major effect upon any new court-mandated drawing.

Second, one of North Carolina’s remaining four Democratic seats, the 7th District of Rep. Mike McIntyre, saw the closest finish of any 2012 US House race. McIntyre was re-elected over former state Sen. David Rouzer with a mere 654-vote margin from more than 336,000 ballots cast. With Rouzer already running again and facing a mid-term turnout model without President Obama leading the Democratic ticket, it makes McIntyre the most endangered Democrat in Congress. A redraw would have greatly helped him. Now without such a boost, does McIntyre even run again? The coming weeks in the southeastern corner of Continue reading >