On August 16, the League of Women Voters of Illinois filed a federal lawsuit, charging that Illinois’ new redistricting plan violates the free speech provision of the First Amendment. The case is League of Women Voters of Illinois v Quinn, northern district, 11-cv-5569. The case was assigned to Judge Ruben Castillo, a Clinton appointee.
The complaint says, “Redistricting based on the content of partisan speech or viewpoints of residents, for a partisan purpose, creates an undue, unnecessary or unjustified abridgment of First Amendment rights…By considering the partisan composition of the districts and the political competitiveness of election campaigns in such districts, the General Assembly is unlawfully attempting to control or influence the kinds of views, opinions and speech that residents placed in those districts are likely to hear and receive, and is doing so in a manner that is not narrowly tailored.”
Democrats were completely in charge of Illinois government when the redistricting plan was passed this year. No one disagrees with the observation that the plan was designed to enhance the chances of Democratic nominees. The attorney who filed the case, Thomas H. Georghegan, is a well-known Democratic Party attorney who specializes in labor law. This lawsuit will face an uphill battle, because several times the U.S. Supreme Court has ruled that nothing about partisan gerrymandering violates any part of the U.S. Constitution. Thanks to Rick Hasen for news about this lawsuit.