Supreme Weekly: Redistricting in the state Supreme Courts
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January 5, 2012
by: Katy Farrell
One hot topic is sweeping the nation's Supreme Courts this week: redistricting. With primary season approaching, politicians are turning to courts of last resort to determine boundaries of legislative districts.
Redistricting is the redrawing of congressional and state legislative districts. The process occurs every ten years, following the results of the census. Though redistricting is often thought of as a legislative responsibility, oftentimes the politicized process requires that the courts get involved. For more of an overview on redistricting, visit: Ballotpedia's State Legislative and Congressional Redistricting after the 2010 Census.
This week we will look at several ways that the state Supreme Courts have contributed to redistricting.
Yesterday the Hawaii Supreme Court unanimously invalidated the final redistricting plan created by the Hawaii State Legislature. The crux of the decision was the inclusion of non-permanent residents, such as military personnel and students, in population figures.[1] This issue has been a major obstacle during the redistricting process in the state.
In June, the Hawaii Reapportionment Commission, the body created to draw new district maps, decided to include non-residents in state population figures. Three months later, the panel voted to include only SOME non-residents. On September 26, the commission approved the final plans for reapportionment.[2]
With its decision, the Supreme Court determined that the Reapportionment Commission must begin the process anew.[3]
To learn more about the state's redistricting, check out: Ballotpedia's Redistricting in Hawaii.
The California Supreme Court will hold a hearing on January 10 to help solve a unique problem: if the state's legislative district maps will be voted on in the November 2012 election, what districts will legislators run for in that same election? That question will be a major issue if the signatures gathered by supporters of the California Referendum on the State Senate Redistricting Plan are valid. So, the Supreme Court will be prepared if the Secretary of State gives the referendum a green light.[4]
This will be the second time the high court in the state weighs in on redistricting during this cycle. Last October, the court rejected two lawsuits filed by Republicans that challenged the new maps. In response, the group appealed to the federal district court, claiming that the reapportionment violated the Voting Rights Act by diluting minority votes.[5]
To learn more about the state's redistricting, check out: Ballotpedia's Redistricting in California.
In Connecticut, the Supreme Court decided to outsource the responsibility of redistricting. Last week it appointed a professor and political scientist from Columbia Law school, Nathaniel Persily, as special master. Persily was recommended by both major parties as a solid choice to oversee the new districts.[6]
This transfers authority from the State Legislature to the Supreme Court to one person. After a committee of legislators missed their late December deadline for submitting new district maps, the Connecticut Supreme Court inherited the monumental task.[7]
The professor has less than one month to create a new map, since he is bound by the deadline of January 27. In that time, he must resolve the partisan debate over making only minor changes (as favored by Democrats) or reworking the districts created in 2001 (as Republicans suggest).[6][8]
In the court's decision, Chief Justice Chase Rogers wrote, "While the foregoing proceedings are ongoing...the Commission shall continue working to agree on a redistricting plan, and we maintain hope that legislative action will be forthcoming."[6] Statements made by committee members in response to this order expressed their reluctance to continue the process.[6]
To learn more about the state's redistricting, check out: Ballotpedia's Redistricting in Connecticut.
In Florida, meanwhile, the Supreme Court is getting a jump on the redistricting process before legal challenges are filed. Though Florida State Legislature is not required to submit maps to the Supreme Court for review until March 10,[9] yesterday the court released details regarding its involvement.[10]
Article III of the Florida Constitution describes the reapportionment process and includes the provision that Supreme Court "shall permit adversary interests to present their views" regarding the final maps.[11] To satisfy this requirement, the court will accept written submissions and listen to oral arguments in agreement or opposition to the new plans. Before the public can get involved, Attorney General Pam Bondi is encouraged to comment.[11]
To learn more about the state's redistricting, check out: Ballotpedia's Redistricting in Florida.
The situation with the Pennsylvania Supreme Court is similar to that of Florida's. This week the high court scheduled a January 23rd session to hear an appeal on the state's reapportionment plan.[12] An appeal has not yet been filed, but Senate Minority Floor Leader Jay Costa went public with his party's plan to challenge the new districts. Costa served on the Legislative Reapportionment Commission and voted against the plan.[13]
Anyone wishing to challenge the plan has a thirty-day window to do so. The deadline is Wednesday, January 11.[14]
To learn more about the state's redistricting, check out: Ballotpedia's Redistricting in Pennsylvania.
See also
Footnotes
- ↑ BigIslandVideoNews.com, "Hawaii Supreme Court invalidates 2011 Reapportionment Plan," January 4, 2012
- ↑ Ballotpedia's Redistricting in Hawaii
- ↑ The Republic, "Hawaii Supreme Court rules plan to redraw political boundaries is unconstitutional," January 5, 2012
- ↑ The Sacramento Bee, "California Supreme Court to meet Jan. 10 on Senate maps," January 3, 2012
- ↑ Ballotpedia's Redistricting in California
- ↑ 6.0 6.1 6.2 6.3 The Connecticut Mirror, "Court names Columbia professor to draw congressional districts," December 30, 2011
- ↑ Connecticut Supreme Court takes over redistricting
- ↑ The Republic, "Conn. Supreme Court taps Columbia University professor to redraw congressional district lines," December 30, 2011
- ↑ Ballotpedia's Redistricting in Florida
- ↑ Orlando Sentinel, "Florida Supreme Court ready to start hearing redistricting complaints," January 4, 2012
- ↑ 11.0 11.1 Florida Supreme Court, Joint Resolution of Legislative ApportionmentPage 2
- ↑ PennLive.com, "Pennsylvania Supreme Court saves times for redistricting appeal," January 4, 2012
- ↑ The Republic, "Costa tells newspaper Senate Democrats will contest Pa. legislative redistricting plan," January 5, 2012
- ↑ McKeesport Daily News, "Costa plan appeal of reapportionment," January 5, 2012
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