On November 7, a 3-judge U.S. District Court struck down the boundaries of Maryland’s Sixth U.S. House District. Benisek v Lamone, 1:13cv-3233. Here is the opinion, which was written by U.S. Court of Appeals Judge Paul Niemeyer, a Bush Sr. appointee. Niemeyer wrote that partisan gerrymandering violates representational rights and associational rights. U.S. District Court Judge James Bredar, an Obama appointee, agreed that the boundaries violate associational rights, although he did not agree they violate representation rights. U.S. District Court Judge George Russell, another Obama appointee, agreed that the district violates both types of First Amendment rights, although he agreed with Judge Bredar that using election returns is not a proper way to adjudicate these cases.
Democrats gerrymandered the Sixth District in 2011, flipping it from a safe Republican seat to a seat that has elected a Democrat ever since the new boundaries were in effect. The opinion sets out all the evidence that Democrats in the Maryland legislature fully intended to create this outcome. The Sixth District had traditionally comprised western Maryland, but the 2011 redistricting inserted Democratic-leaning suburbs of Washington, D.C. Thanks to Rick Hasen for this news.
If Maryland appeals, it will be to the U.S. Supreme Court. In the meantime, the state is ordered to draws new boundaries before the 2020 election.
As bad as the 6th District is, it’s not nearly as gerrymandered as the 3rd (the most gerrymandered district in the country) or the 2nd. Fortunately, Maryland just re-elected its Republican governor, so if the Democrats in the legislature try to do a similar gerrymander (as I expect them to), the governor can veto it.
For now, the state should just adopt the alternate plan proposed by the Fannie Lou Hamer PAC.
Another perversion of the 1st Amdt.
How come NO gerrymander cases in 1790s (repeat 1790s) using the 1st Amdt ???
PM = TM x PV / TV — via 14-1 and 14-2 for USA Reps.
History note for unaware folks (LOTS of them) —
English House of Commons formed in late 1200s — larger cities / villages and counties elect members.
SOME representation of commoner folks — even with arbitrary AREAS.
The various English civil and foreign wars kill off many *lords* (aka oligarchs) in 1300s-1400s.
Monarch vs Parliament in 1600s – Parliament victory in 1688-1689.
Various American colonies formed – gerrymander area districts formed.
1776-1789 — State and USA gerrymander areas created.
Crisis after Napoleon defeated in 1815 leads to 1832 Great Reform Act in UK
— really rotted gerrymander areas abolished — aka rotten boroughs.
PR reforms created in 1820s-1840s.
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1964 SCOTUS gerrymander cases — the old rotten boroughs wiped out
— *modern* gerrymanders — esp with computers and election data in precincts.
Nov 2018 — See many gerrymander area results — 45-55 percent winners.
REAL minority rule — 25-30 percent in ALL States – esp. those having 5 or more USA Reps.
Much worse primary math – esp if no incumbents.
The reason the 3rd District is so bad is because it’s the leftovers from gerrymandering everything else. I live in it but if the 6th was normal the 3rd would be too.
But only Republicans gerrymander districts. MSNBC told me so.
Packed/Cracked rigged gerrymander districts in ALL regimes – Fed/States/Locals.
SCOTUS = 9 math morons.
more math morons – media idiots – esp in the communist media networks.
more math morons – profs – law skoools, polisci skoools, math skoools, etc.
Too many math MORONS to count.
The ANTI-Democracy ROT continues — to CRISIS Day
— that will make 7 Dec 1941 and 11 Sep 2001 seem super-trivial.
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PR and AppV
Judge Paul Niemeyer is the son of the late Gerhart Niemeyer, J.U.D., Professor of Government in the University of Notre Dame, who was a well respected political scientist.
Did Judge P.N. detect —
1/2 or less votes x 1/2 rigged districts = 1/4 CONTROL = OLIGARCHY ???
If not — then guess what — one more math MORON — since 1964 SCOTUS gerrymander cases.