On Monday, March 21, the U.S. Supreme Court heard Wittman v Personhuballah, 14-1504. The issue is Virginia’s U.S. House district boundaries. The legislature drew a plan in 2012 that was held to be an unconstitutional racial gerrymander by a 3-judge U.S. District Court. Here is a description of the oral argument from Scotusblog. The Justices seem to have spent more time thinking and asking about who has standing in such cases, than on the issue of racial gerrymandering.
A “racial gerrymander” means packing so many members of a racial or ethnic minority into a handful of districts, that members of that group have very limited influence in other, neighboring districts.
This was an interesting article. You would think that nowdays with computer capability all allegations of ‘gerrymandering’ could easily be avoided. Just plug in population figures, city & county boundaries, rivers & streams, and major highways and then pick one corner of a state and program computer to draw boundaries of contiguous, compact districts expanding from there – ignoring incumbency, racial composition, partisan affiliations and all such. Legislatures could make minor adjustments from the result. Never have to involve the courts. Nobody could claim favoritism or discrimination in districts.
@Gene,
Race-based gerrymandering is required by the 14th Amendment. “All animals are equal, but some animals are more equal than others.”
The Congressmen were originally intervenor defendants. When Terry McAuliffe became governor, the state stopped defending the plan drawn by the legislature. The state would have had standing to defend the plan drawn by the legislature.
The 3-judge panel gave the legislature to draw a new map. When they met, a retiring Republican senator voted with Democrats to adjourn. This made it a tie vote, which the Lieutenant Governor voted in favor of adjournment. There was a story floated that it was to keep McAuliffe from making a court appointment, but the effect was to prevent the legislature from drawing a new plan.
@Gene: But then how would the poor defenseless incumbents save themselves from interlopers wanting to take their seats away? :]
Richard –
I disagree with much of what the real Jim Riley has to say, but I think it’s unfair even to him to allow an asshole to post nauseating, racist screed under his name.
Gene – such computer programs already have been written. The Wash. Post did an article or two on one in fact. But state legislatures would have to agree to use it and they generally would not willingly agree to give up the power to gerrymander in favor of their own party.