Next term the U.S. Supreme Court will hear Evenwel v Abbott, 14-940. The Texas voters who filed the case argue that states must draw U.S. House and legislative districts based on the number of eligible voters, not population. Here is the opening brief filed by those voters. The “summary of argument” starts on page 14.
The core argument these voters make is that the Constitution requires states to treat all voters equally. In some districts in Texas, the number of eligible voters is far larger than in other districts. This is not only because some, but not all, parts of Texas have large numbers of alien residents. It is also because some parts of Texas have a higher density of children than other parts of Texas.
The other side’s brief is due September 18. Thanks to Rick Hasen for the link.
This one will be interesting. It brings a whole new twist to the “one person, one vote” principle.
Actually, the same result could be obtained by electing the entire Congressional delegation at-large, with preferential voting. Then, the apportionment is carried out by the voters themselves in the very act of voting.
ELECTORS vote inside each sovereign State
— NOT children, felons, foreigners- legal and illegal invaders.
The usual suspect communist profs LOVE having minority rule — IF it is via communist minority rule gerrymanders.
i.e. below average winner votes in the communist gerrymander districts.
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P.R. and nonpartisan App.V.