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2016 Postmortem
Related: About this forumFour Ways The Virginia GOP’s Redistricting Power Grab Could Be Stopped By Legal Action
1.No Mid-Decade Gerrymanders: The Virginia Constitution provides that [t]he General Assembly shall reapportion the Commonwealth into electoral districts in accordance with this section in the year 2011 and every ten years thereafter. When a constitution specifically instructs a legislature to take a particular action or grants a specific power to those lawmakers, courts sometimes read it to implicitly prevent them from taking other actions. Thus, when the state constitution instructs Virginia lawmakers to redistrict every ten years, it implicitly instructs them not to engage in mid-decade gerrymanders, and the new maps are invalid. The Virginia Supreme Court has not weighed in on this question, but a Virginia trial court concluded in 2012 that one purpose of this provision in the state constitution was to preclude politically convenient redistricting whenever one political party or the other might gain the upper hand and find it attractive to redraw political boundaries to consolidate power.
2.Voting Rights Act: The Voting Rights Act not only forbids state voting laws which have a discriminatory impact on minorities, Section Five of the Act also requires new voting laws in some parts of the county to pre-clear those requirements with the Department of Justice or a federal court in Washington, DC before they can take effect. Much of Virginia remains subject to Section Five, so the maps could be stopped if they diminish minority voting strength in the covered areas. Theres only one problem: the conservatives on the Roberts Court are widely expected to strike down Section Five before the Court adjourns this June.
3.Whats Left Of The Voting Rights Act: Even if the conservative justices strike down Section Five, Section Two of the Voting Right Act still prohibits redistricting that dilutes minority voting strength. To the extent that the new GOP maps dilute the minority vote, they could be subject to a lawsuit under Section Two. Such a lawsuit, however, would ultimately appeal to the same Republican-dominated Supreme Court that is expected to strike down Section Five.
4.The U.S. Supreme Court Could Actually Do Its Job: As a final note, the entire purpose of partisan gerrymanders is to weaken the voting power of people who hold one viewpoint (in this case, Democrats) while strengthening that of people who hold an opposing view (in this case, Republicans). This is a textbook violation of the First Amendments prohibition on viewpoint discrimination. Nevertheless, the Supreme Courts conservatives have refused to even consider cases challenging partisan gerrymanders, although Justice Kennedy suggested that his opposition to gerrymandering lawsuits is not entirely absolute.
2.Voting Rights Act: The Voting Rights Act not only forbids state voting laws which have a discriminatory impact on minorities, Section Five of the Act also requires new voting laws in some parts of the county to pre-clear those requirements with the Department of Justice or a federal court in Washington, DC before they can take effect. Much of Virginia remains subject to Section Five, so the maps could be stopped if they diminish minority voting strength in the covered areas. Theres only one problem: the conservatives on the Roberts Court are widely expected to strike down Section Five before the Court adjourns this June.
3.Whats Left Of The Voting Rights Act: Even if the conservative justices strike down Section Five, Section Two of the Voting Right Act still prohibits redistricting that dilutes minority voting strength. To the extent that the new GOP maps dilute the minority vote, they could be subject to a lawsuit under Section Two. Such a lawsuit, however, would ultimately appeal to the same Republican-dominated Supreme Court that is expected to strike down Section Five.
4.The U.S. Supreme Court Could Actually Do Its Job: As a final note, the entire purpose of partisan gerrymanders is to weaken the voting power of people who hold one viewpoint (in this case, Democrats) while strengthening that of people who hold an opposing view (in this case, Republicans). This is a textbook violation of the First Amendments prohibition on viewpoint discrimination. Nevertheless, the Supreme Courts conservatives have refused to even consider cases challenging partisan gerrymanders, although Justice Kennedy suggested that his opposition to gerrymandering lawsuits is not entirely absolute.
http://thinkprogress.org/justice/2013/01/23/1478371/four-ways-the-virginia-gops-redistricting-power-grab-could-be-stopped-by-the-law/
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Four Ways The Virginia GOP’s Redistricting Power Grab Could Be Stopped By Legal Action (Original Post)
octoberlib
Jan 2013
OP
5. The twenty gerrymanderers are drafted into service and sent to Afghanistan. nt
onehandle
Jan 2013
#1
onehandle
(51,122 posts)1. 5. The twenty gerrymanderers are drafted into service and sent to Afghanistan. nt
napi21
(45,806 posts)2. That's great info. I hope it was sent to the Dems in Va.
I'm sure they have attys on staff and can get court filings started.
Faryn Balyncd
(5,125 posts)3. Time to get to work.
santamargarita
(3,170 posts)4. Well. find one you like and undo this cowardly act!
jimmy the one
(2,708 posts)5. Pennsy & Virginia gerrymandering
Four Ways The Virginia GOPs Redistricting Power Grab Could Be Stopped By Legal Action
Since I winter-over in southern virginia december - march, & live in pennsylvania the milder months, I'm affected by both virginia's sleazy republicans as well as pennsy's sleazier ones - who already have a fait accompli in gerrymandering republican districts (didn't help in 2012 obama won ~52-47, but repubs control state house & senate in harrisburg due election 2010, thus the current gerrymandering advantage, with (R) governor corbett completing the menage a trois).
.. It's really sick, living amongst these high minded sub-cultured creeps who think they can control elections by sidestepping proper & ethical election procedure & precedent - sick that they actually believe what they are doing is OK, legal - nothing wrong to rig voting districts so as to stack the deck for rightwing candidates, or to change the rules so that two pair beats a full house.
.. will americans be disturbed, impressed or indifferent, towards these jokers?
I'd move to new york state across the border, but it doesn't really need as much democrats, as pennsy do.
Since I winter-over in southern virginia december - march, & live in pennsylvania the milder months, I'm affected by both virginia's sleazy republicans as well as pennsy's sleazier ones - who already have a fait accompli in gerrymandering republican districts (didn't help in 2012 obama won ~52-47, but repubs control state house & senate in harrisburg due election 2010, thus the current gerrymandering advantage, with (R) governor corbett completing the menage a trois).
.. It's really sick, living amongst these high minded sub-cultured creeps who think they can control elections by sidestepping proper & ethical election procedure & precedent - sick that they actually believe what they are doing is OK, legal - nothing wrong to rig voting districts so as to stack the deck for rightwing candidates, or to change the rules so that two pair beats a full house.
.. will americans be disturbed, impressed or indifferent, towards these jokers?
I'd move to new york state across the border, but it doesn't really need as much democrats, as pennsy do.