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Gothmog

(145,225 posts)
Mon Jun 25, 2018, 09:53 AM Jun 2018

BREAKING: SCOTUS Sends Back North Carolina Partisan Gerrymandering Case Rather Than Setting It for A

Source: Election Law Blog

The Supreme Court has vacated and remanded the North Carolina partisan gerrymandering case, rather than setting it for argument. This is another sign Justice Kennedy is not ready to weigh back in so fast. I discussed what that remand order could mean at the end of my Slate piece on Gill.

But even with a remand the case could be back before the Supreme Court for the next term (even if that next term does not include Justice Kennedy).

If what North Carolina can do is kosher, then there really would be no limits on partisan gerrymandering. This is the case where the state explicitly admitted it was drawing lines solely for partisan advantage

Read more: http://electionlawblog.org/?p=99759

27 replies = new reply since forum marked as read
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BREAKING: SCOTUS Sends Back North Carolina Partisan Gerrymandering Case Rather Than Setting It for A (Original Post) Gothmog Jun 2018 OP
From Michael Li of the Brennan Center Gothmog Jun 2018 #1
K & R Iliyah Jun 2018 #2
No amount of Gerrymandering can save the GOP if we GOTV. lagomorph777 Jun 2018 #3
Gerrymandering won't save them but heavy election tampering by russia could and proably would. lark Jun 2018 #4
True, and you are right, our best hope is massive turnout. lagomorph777 Jun 2018 #5
I'm not so sure even that would work against these vile scumbags. KPN Jun 2018 #11
If the will of the voters is suppressed, that is the expected outcome, eventually. lagomorph777 Jun 2018 #14
It's already been subverted. Numeroua KPN Jun 2018 #16
that is just not true dsc Jun 2018 #7
Ditto in Wisconsin.... jodymarie aimee Jun 2018 #10
I agree. A majority will be insufficient to sufficiently turn the tide. It will allow us to KPN Jun 2018 #12
True, but my county is 60% non human duhneece Jun 2018 #22
"Republicans ...don't care" - that, my friend, is their Achilles Heel. lagomorph777 Jun 2018 #24
I should have said that they don't care about human beings duhneece Jun 2018 #25
To put this in perspective, when I first moved to NC in 2000 mnhtnbb Jun 2018 #6
Actually the 9 to 4 in 2012 would have been 10 to 3 but for the closest race in the nation dsc Jun 2018 #8
Same story in Pa Cosmocat Jun 2018 #9
Since the gerrymandered votes in one state effect MarcA Jun 2018 #13
How would that work? FBaggins Jun 2018 #15
Cheating is the only way Republcans can win. SergeStorms Jun 2018 #17
From Think Progress................. turbinetree Jun 2018 #18
From the Harris County Democratic Party Gothmog Jun 2018 #19
Statement of AG Holder Gothmog Jun 2018 #20
Living this Nightmare in NC CRK7376 Jun 2018 #21
Please let your beat down motivate duhneece Jun 2018 #23
So only the US Senate will ever be in play. Freethinker65 Jun 2018 #26
The PA map was tossed because it violated the state constitution DeminPennswoods Jun 2018 #27

lagomorph777

(30,613 posts)
3. No amount of Gerrymandering can save the GOP if we GOTV.
Mon Jun 25, 2018, 10:00 AM
Jun 2018

At some point, the most exquisitely perfect Gerrymander fails and actually becomes a mathematical catastrophe for its wicked architects. This is that point.

Kidnapping babies will not sell in any district that contains human beings.

lark

(23,099 posts)
4. Gerrymandering won't save them but heavy election tampering by russia could and proably would.
Mon Jun 25, 2018, 10:05 AM
Jun 2018

Only if Russia comes in and massively hacks our election will repugs have a chance. unfortunately, drumpf is doing everything possible to ensure that this happens so we need massive blue wave to counter act their treachery and vote stealing.

lagomorph777

(30,613 posts)
5. True, and you are right, our best hope is massive turnout.
Mon Jun 25, 2018, 10:06 AM
Jun 2018

I think some active resistance such as the Red Hen action can be useful for waking people up.

KPN

(15,645 posts)
11. I'm not so sure even that would work against these vile scumbags.
Mon Jun 25, 2018, 12:53 PM
Jun 2018

If not, I stand ready to storm the Bastille.

dsc

(52,161 posts)
7. that is just not true
Mon Jun 25, 2018, 10:25 AM
Jun 2018

We can get them down to an ordinary majority instead of the super majority they currently have in NC but we can't win a majority under this map. This decision is a grave blow.

KPN

(15,645 posts)
12. I agree. A majority will be insufficient to sufficiently turn the tide. It will allow us to
Mon Jun 25, 2018, 12:58 PM
Jun 2018

plug the hole in the dike with a finger, but that's about it. We won't make significant and lasting gains without a super majority.

The GOP's fascist stranglehold on America will ultimately come down to massive unrest or submission of the masses in my view.

duhneece

(4,112 posts)
22. True, but my county is 60% non human
Tue Jun 26, 2018, 10:27 AM
Jun 2018

Republicans comprise about 60% of my county and they don’t care. I’ve had one yelling argument at Senior Center already and expect more.
I went to Tent City in Tornillo with Beto O’R and Congressman Kennedy and I am not brooking this evil....and lack of compassion is the root of evil.

lagomorph777

(30,613 posts)
24. "Republicans ...don't care" - that, my friend, is their Achilles Heel.
Tue Jun 26, 2018, 10:32 AM
Jun 2018

We DO care and we WILL turn out in MASSIVE numbers this time. We will brook this evil no longer.

duhneece

(4,112 posts)
25. I should have said that they don't care about human beings
Tue Jun 26, 2018, 10:40 AM
Jun 2018

They do love to hate. They care about protecting racists and misogynists.

mnhtnbb

(31,388 posts)
6. To put this in perspective, when I first moved to NC in 2000
Mon Jun 25, 2018, 10:20 AM
Jun 2018

this purple state had 7 Repub Reps and 5 Dem Reps. In 2008 it was 7 Dem Reps and 6 Repub Reps (an additional rep had been added)

When the Republicans got done gerrymandering districts after the 2010 census, the fairly evenly divided state resulted in the 2012 election with 55% straight ticket Dem votes and 43% straight ticket Republican votes, yet when the votes were counted we ended up with 9 Repub Representatives and 4 Dem Representatives!

In 2016, it was worse, yielding 10 Repub Representatives and 3 Dems even though there were about 650,000. MORE registered Dems than Repubs, with another 2 million+ unaffiliated registered voters. By then, the Republicans had done away with the straight ticket ballot.

The Republicans in this state--and just about everywhere--do not care one wit about equal representation. All they care about is POWER. And they will do anything to get it. Lie, cheat, steal, and now it seems they are even prepared to commit treason by selling the country to the Russians.

If Democrats do not come out to vote this November, it ain't gonna' be pretty going forward.

dsc

(52,161 posts)
8. Actually the 9 to 4 in 2012 would have been 10 to 3 but for the closest race in the nation
Mon Jun 25, 2018, 10:27 AM
Jun 2018

which was won by McIntyre.

Cosmocat

(14,564 posts)
9. Same story in Pa
Mon Jun 25, 2018, 10:47 AM
Jun 2018

same thing, almost a million more dem votes cast at times than Rs (though a fair amount of that difference are longer standing "Reagen democrats".

We also tend to even split R and D for governor and senator.

But, due to some of the most absurdly gerrymandered districts in the country, we have 13 R and 5 D congressman, and similar discrepencies in the state house and senate.

We caught a break and the state courts upheld a case, and when the Rs jacked around put forward a really fair map for congress that we will have for the fall. But, the state constitution is written differently and we haven't broke through on the state house and senate.

AND, they threw a complete hissy fit and are far from finished in trying to rewrite the laws to get their gerrymandering reimposed ...

They are just sick, and power drunk.

MarcA

(2,195 posts)
13. Since the gerrymandered votes in one state effect
Mon Jun 25, 2018, 02:00 PM
Jun 2018

the national Congress, wouldn't it be interesting if another
state simply stated that it would not recognize that state's votes
in the House.

FBaggins

(26,735 posts)
15. How would that work?
Mon Jun 25, 2018, 03:52 PM
Jun 2018

States don't have an option of "not recognizing" House members... because they also have no role in recognizing them in the first place.

SergeStorms

(19,201 posts)
17. Cheating is the only way Republcans can win.
Mon Jun 25, 2018, 04:53 PM
Jun 2018

On the issues, they lose. On public sentiment, they lose. If the law is followed, they lose.

They're just a bunch of flipping losers.

turbinetree

(24,695 posts)
18. From Think Progress.................
Mon Jun 25, 2018, 04:54 PM
Jun 2018

Supreme Court just wrote a presumption of white racial innocence into the Constitution

Congratulations, guys! Racism is fixed!

IAN MILLHISER JUN 25, 2018, 11:30 AM

The Supreme Court held on Monday that white lawmakers enjoy a presumption of racial innocence, even when they draw legislative districts that empower white voters at the expense of racial minorities.

The thrust of Justice Samuel Alito’s opinion in Abbott v. Perez is that the “good faith” of a “state legislature must be presumed,” even when there are very serious allegations of racial gerrymandering. The facts of Perez are unusual and unlikely to repeat in the future, but Alito’s presumption of white racial innocence could have a significant impact on future cases.

In 2011, Texas drew racially gerrymandered maps. At the time, the Supreme Court had not yet struck down a key provision of the Voting Rights Act. Thus, the 2011 maps could not take effect until after they were “precleared” by federal officials in Washington, D.C. A federal court in D.C. ultimately concluded that the maps were not legal.

That meant that, with the 2012 elections rapidly approaching, Texas did not have any valid maps that it could use in that election. Worse, though a Texas federal district court drew maps that the state could have used in the upcoming election, the Supreme Court vacated these maps. Thus, in late January of 2012, Texas still had no maps, and primary elections were only a few months away.

https://thinkprogress.org/scotus-presumption-of-white-racial-innocence-gerrymandering-7ad4fdfc82a5/



November 2018 cannot get here fast enough......................

CRK7376

(2,199 posts)
21. Living this Nightmare in NC
Tue Jun 26, 2018, 09:50 AM
Jun 2018

sucks for us. We are just getting beat down daily, or at least it feels that way, between NC Legislature and Trump...November '18 will not get here soon enough!

duhneece

(4,112 posts)
23. Please let your beat down motivate
Tue Jun 26, 2018, 10:30 AM
Jun 2018

...you to fall into bed tuckered out from walking and phoning and registering voters from mid August until November 6.

Freethinker65

(10,021 posts)
26. So only the US Senate will ever be in play.
Tue Jun 26, 2018, 10:48 AM
Jun 2018

The House of Representatives will be controlled by those in power at the state level through gerrymandering. Got it.

So that taxation with no representation tea party was all nonsense. No (decreased) representation is fine for the opposing party even if their votes vastly outnumber yours statewide if you can split the vote by gerrymandering. I am sure the founding fathers intended it to be that way. What a fucking joke.

DeminPennswoods

(15,286 posts)
27. The PA map was tossed because it violated the state constitution
Tue Jun 26, 2018, 11:03 AM
Jun 2018

that mandates compact districts with minimal division of municipalities, i.e., no "packing and cracking".
This is the federal courts and US Supreme Court did not interfere.

I don't know NC, Texas' or Wisc's state constitutions say, but based on what happened in PA, I'd say your best shot is to argue the districts violate state law.


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