Federal judges in gerrymandering case toss Maryland's congressional voting map

[mahatmakanejeeves]

Source: Washington Post

Public Safety

Federal judges in gerrymandering case toss Maryland’s congressional voting map

By Ann E. Marimow and Rachel Chason
November 7 at 4:18 PM

Federal judges in Maryland on Wednesday blocked the state from using its congressional voting map in future elections, ordering political leaders to draw new electoral lines for contests in 2020.

The three-judge panel unanimously threw out the congressional map in a longrunning partisan gerrymandering case. The decision gives Maryland officials until March to submit a new redistricting plan.

The judges acknowledged the inherently political redistricting process, but declared the boundaries unconstitutional and intentionally designed to target Republican voters in the 6th congressional district because of their political affiliation.

“When political considerations are taken into account to an extreme, the public perceives an abuse of the democratic process,” wrote Judge Paul V. Niemeyer of the U.S. Court of Appeals for the 4th Circuit, who was joined by U.S. District Judge George L. Russell III.
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Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Follow https://twitter.com/amarimow

Rachel is a metro reporter covering local politics. She has previously contributed to The Raleigh News and Observer, CNN Politics and USA Today. Follow https://twitter.com/rachel_chason

Read more: https://www.washingtonpost.com/local/public-safety/federal-judges-throw-out-marylands-congressional-voting-map/2018/11/07/91a06834-e2be-11e8-b759-3d88a5ce9e19_story.html

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Breaking: Day after election, panel rules Md congressional district Six is unconstitutional, must be redrawn. This was the case at #scotus last term

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Story here, via @amarimow

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[Tiggeroshii]

1. scotus already ruled on this.

[mahatmakanejeeves]

3. Did they send it back to a lower court? NT

Can't check now. About to leave.

ETA, from the article:

The Wednesday ruling can be appealed directly to the Supreme Court, which in June avoided answering the question of when extreme partisan gerrymandering is unconstitutional in the Maryland case and in another map case from Wisconsin.

The office of Maryland Attorney General Brian Frosh (D), which defended the map, said Wednesday it is reviewing its options. Legislative leaders declined to immediately comment on the court’s order.

Republican Gov. Larry Hogan, who won re-election Tuesday, called the decision “a victory for the vast majority of Marylanders who want free and fair elections.”

[elleng]

5. We have to RE-DO!!!

'Federal judges in Maryland on Wednesday blocked the state from using its congressional voting map in future elections, ordering political leaders to draw new electoral lines for contests in 2020.

The three-judge panel unanimously threw out the congressional map in a longrunning partisan gerrymandering case. The decision gives Maryland officials until March to submit a new redistricting plan. . .

The Wednesday ruling can be appealed directly to the Supreme Court, which in June avoided answering the question of when extreme partisan gerrymandering is unconstitutional in the Maryland case and in another map case from Wisconsin.'>>>

[David__77]

9. Wouldn't it be best for the Supreme Court to rule on this?

If precedent was established that partisan gerrymandering was illegal, it could help Democrats elsewhere.

[elleng]

10. Affirming that partisan gerrymandering is illegal?

I think that's been established, so cases now revolve on whether particular maps violate the law; that's the sticky part.

So here, where we northerners did it to carve out a 'nice' Dem district (MINE, after all!) we have to re-do, but where southern states do it to carve out minority/majority districts, they raise their hands: Who ME???!!!

[David__77]

12. Thanks for the information.

...

[elleng]

4. Not exactly.

*The Wednesday ruling can be appealed directly to the Supreme Court, which in June avoided answering the question of when extreme partisan gerrymandering is unconstitutional in the Maryland case and in another map case from Wisconsin.

The office of Maryland Attorney General Brian Frosh (D), which defended the map, said Wednesday it is reviewing its options. Legislative leaders declined to immediately comment on the court’s order.

Republican Gov. Larry Hogan, who won re-election Tuesday, called the decision “a victory for the vast majority of Marylanders who want free and fair elections.”

“We remain steadfastly committed to moving forward in an open and transparent manner that is free of the partisan influence that has dominated the redistricting process in Maryland for far too long,” said Hogan, who has pushed for a constitutional amendment that would have an independent redistricting commission redraw boundaries.'>>>

https://www.washingtonpost.com/local/public-safety/federal-judges-throw-out-marylands-congressional-voting-map/2018/11/07/91a06834-e2be-11e8-b759-3d88a5ce9e19_story.html?utm_term=.7a2dd123c658

[Tiggeroshii]

6. If they rule on this, they also have to make a decision on wisconsin too, don't they??

[elleng]

7. Dunno; got to study,

but this is quite fact-bound, it seems to me.

[Tiggeroshii]

8. It's funny.

Suddenly democrats win control of state governments and the conservative federal courts are suddenly gonna be in favor of independent commissions.

[DeminPennswoods]

11. NC, too.

nt

[maxrandb]

13. Yes

Since Maryland negatively affects Retrumplicans and Wisconsin negatively affects Democrats, they'll throw out the MD map and approve the WI map.

[elleng]

2. No surprise.