Government

Supreme Court Hears Arguments on Maryland, North Carolina Redistrict Challenges

THE AFRO — For the second time in as many years, the Supreme Court heard arguments on partisan redistricting cases from Maryland and North Carolina Tuesday, but it remains unclear whether a constitutional standard for regulating the practice will be issued.

Published

6 years ago

April 2, 2019

Capital News Service

By Carolina Velloso

WASHINGTON – For the second time in as many years, the Supreme Court heard arguments on partisan redistricting cases from Maryland and North Carolina Tuesday, but it remains unclear whether a constitutional standard for regulating the practice will be issued.

North Carolina’s entire congressional map is being contested, which is currently made up of 10 Republicans and three Democrats despite the state being almost evenly split politically.

At issue in Maryland is the state’s 6th Congressional District. Democratic lawmakers are accused of moving Republican voters out of the district that covers most of the state’s rural Northwest and putting in large numbers of Democratic voters from the Washington suburbs in order to turn the district blue.

The justices seemed to be split evenly down philosophical lines, with the more liberal wing of the court encouraging the deliberation of a manageable standard to apply to future questions of gerrymandering, while the conservative wing seeming wary of intervening in a process left largely to the states.

The question, said Chief Justice John Roberts, is whether “any partisanship that has a consequence is impermissible.”

The conservative justices pointed out dozens of times that the Constitution does not require proportional representation — the idea that the percentage of seats awarded to any party should correspond with the percentage of votes it won in the states.

Michael A. Kimberly, attorney for the voters challenging Maryland’s 6th District, said that proportional consideration should be considered when debating a possible constitutional standard. He argued that “it is a legitimate state interest to pursue proportional representation in redistricting.”

Justice Samuel Alito wondered whether “the First Amendment might require or even tolerate the regulation of speech, and in this instance, the speech is the votes, for the purpose of providing a proportional representation of viewpoints.”

The justices repeatedly asked counsel for the appellees for a test that would appropriately determine which cases of gerrymandering were so extremely partisan that they crossed a constitutional line.

The conservative justices, however, did not seem to find a suitable measure that could determine when an innately political process became too political.

“Is another way…of putting the test: I know it when I see it?” Justice Neil Gorsuch asked derisively.

The court’s liberal justices pushed back, saying the problem of extreme partisan gerrymandering had gotten out of control and seemed willing to conceive of some sort of regulatory measure.

Justice Elena Kagan characterized “the court leaving this all to professional politicians who have an interest in redistricting according to their own partisan interests” as “dramatically wrong.”

Another concern expressed by the conservative justices was the possibility that the judicial branch would essentially become the arbiter of elections should the court get involved in setting a standard for redistricting.

The gerrymandering of Maryland’s 6th District, which was at issue in Lamone v. Benisek, was unique in that the map in question had been put to a referendum and was approved by 64 percent of voters.

Gorsuch still seemed hesitant to judicially intervene.

“So, in effect, you are asking the court, no matter how good the referendum might be, no matter how much the people themselves might approve these lines, this court has to tell them it — it’s unconstitutional?” Gorsuch asked counsel for the appellees.

Justice Stephen Breyer proposed a standard that would only catch the “extreme outliers,” so that not every single election would be judicially contested.

“What I’m trying to do is to figure out if there’s a way to catch real outliers,” he said, so that it would not “lead to every election contested and throw it all to the judges instead of the people.“

Breyer said he considers a scenario where a party wins a majority of the statewide vote but the minority party wins two-thirds of the state’s congressional seats to be “pretty extreme.”

Breyer thus proposed a mathematical standard whereby congressional election results would be re-examined if one party won a majority of the statewide vote but one-third or less of the congressional seats.

Steven M. Sullivan, the solicitor general of Maryland and representative of the appellant, seemed doubtful that a formula that would only catch extreme outliers for review is unrealistic.

“If you’re concerned about limiting the Court’s intervention to the extreme circumstance,” he said, “you would not be limiting it to extreme. You would be saying ‘get ready, Arkansas, Kansas, Massachusetts, Oklahoma, Alabama, Kentucky, Tennessee.’”

The court is expected to issue a decision on whether to keep the drawing of congressional district maps in the hands of the states by July.

This article originally appeared in The Afro.

Capital News Service

Posts by Capital News Service

Up Next

Clyburn and Sanders Introduce Bill to Expand Community Health Centers

Don't Miss

Colin Allred: His Own Man

Capital News Service

Click to comment

Activism

Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

Published

1 day ago

December 20, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Activism

‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him

“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

Published

4 days ago

December 18, 2024

Oakland Post

Congressman Bennie Thompson, D-Miss. Courtesy photo.

By Post Staff

U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.

“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.

“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”

When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”

This story is based on a report from The Grio.

Oakland Post

Posts by Oakland Post

Activism

City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

4 days ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org