U.S. District Court Dismisses Lawsuit Over Size of California Legislative Districts

On November 29, 2018, U.S. District Court Judge Kimberly Mueller dismissed the lawsuit Citizens for Fair Representation v Padilla, e.d., 2:17cv-973. The eleven-page opinion says none of the plaintiffs has standing, because the problem complained of is common to virtually all Californians. The opinion also says the case concerns a political question that is outside the jurisdiction of courts. The plaintiffs had argued that ordinary Californians, and especially those who are members of ethnic minorities, have no real representation in the legislature, because the population of each legislative district is so vast. There are almost 1,000,000 residents of each State Senate district, and almost 500,000 in each Assembly districts. The plaintiffs have not appealed.

First Circuit Won’t Block Maine Election Returns Certification

On Friday, December 21, the First Circuit denied a request by outgoing Maine Congressman Bruce Poliquin to block the Secretary of State from certifying the election returns in the U.S. House, 2nd district, race. Baber v Dunlap, 18-2250.

This does not mean that the case is over, but the judges said the case does not have a strong likelihood of success. The case challenges the use of ranked choice voting in federal elections. The three judges were Juan Torruella (a Reagan appointee), and two Obama appointees, O. Rogeriee Thompson and David J. Barron.

Amended Complaint Filed in Arizona Case Over Replacing U.S. Senator John McCain

On December 21, the plaintiffs in Tedards v Ducey filed this Amended Complaint. The original Complaint charged that Arizona must permit a special U.S. Senate election to fill John McCain’s seat that is held earlier than November 2020 (McCain died in August 2018). The new Complaint repeats this claim, but it also challenges the state law that says the Governor, when appointing a new U.S. Senator, must appoint someone who is a member of the same party as the Senator being replaced. The Complaint says this is an additional qualification, and states cannot add to the qualifications for service in Congress that are not listed in the Constitution. The new Complaint also points out that Governor Doug Ducey did just appoint a second Senator for the vacancy, because the first appointed Senator is about to resign.