‌‌‌‌‌Two Redistricting Battles, And The Influence Of A Conservative Judiciary

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The U.S. Supreme Court’s recent big-footing of the Wisconsin Supreme Court offers a chilling warning for fair redistricting advocates nationwide: Tread carefully.

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Supreme Court Dives Headfirst Into Wisconsin

The U.S. Supreme Court last week sidelined the Wisconsin Supreme Court, ordering it to reconsider whether it would accept a state legislative map proposed by Gov. Tony Evers (D) that created a new majority-Black district.

Except, it’s sort of worse than that: Though the map was drawn by a Democratic governor, it didn’t favor Democrats. That’s because the state Supreme Court had earlier ruled that it would consider proposals based on a “least changes” criteria from Wisconsin’s already-gerrymandered status quo. Republicans would retain their majority under Evers’ map, but Republicans wanted more.

What’s worse, the U.S. Supreme Court made their ruling on the “shadow docket” -- that is, without hearing any oral arguments or receiving formal briefings from both sides.

More than that, the majority’s (unsigned) decision cited the Voting Rights Act in its determination that the state Supreme Court hadn’t properly considered whether the additional majority-Black district was necessary.

…Even though, as mentioned, the criteria used by the state court were the “least changes” guidelines. The U.S. Supreme Court would have had an opportunity to hear both sides out on the VRA if, you know, they hadn't issued a decision on the shadow docket.

The Gamble In Ohio

For a quick example of how decisions like the Wisconsin case described above can have ripple effects, see Ohio: Pressed for time by Republican delays, the state's ACLU and League of Women Voters have opted to punt their challenge of gerrymandered congressional districts, aiming to overturn them before the 2024 election rather than this year elections.

Jen Miller, executive director of the Ohio League of Women Voters, told me that the Supreme Court’s Wisconsin decision “reaffirmed our concerns.”

“What happened in Wisconsin is demonstrative of the gamble that would be taken if the Ohio Supreme Court reopened the congressional process and the federal courts get involved,” she said.

The decision on whether or not to press for immediate action in Ohio is the result of a forced hand: Republicans in the state delayed for weeks and weeks after the state’s Supreme Court repeatedly rejected their maps as being illegally slanted in Republicans’ own favor.

Secretary of State Frank LaRose, a member of the redistricting commission that’s drawn the slanted maps, predictably blamed lawsuits for the delay, which he said sought to cause “chaos and confusion” in the state — “bankrolled by out of state special interests ultimately seeking court ordered gerrymandering for partisan advantage.”

The same Frank LaRose also recently signaled his openness to a panel of federal judges taking over the state legislative redistricting process -- “in the event that the state proceedings ultimately fail.”

Around The States

A MARYLAND state judge struck down that state’s congressional map, saying it was an “extreme partisan gerrymander” in Democrats’ favor.

Among the voters whose absentee ballots applications were rejected under TEXAS’ new voter ID law? Willie Nelson.

Also in Texas, the Justice Department has filed suit against Galveston County, alleging that the redistricting plans for county government disenfranchise Black and Hispanic voters.

A lawsuit filed in ARKANSAS state court alleges the state’s congressional map dilutes the power of Black voters.

UTAH voters must now provide a photocopy of their ID when voting by mail.

The KANSAS state Senate approved a bill to limit drop boxes throughout the state.

The INTERIOR DEPARTMENT announced that Haskell Indian Nations University in Kansas and the Southwestern Indian Polytechnic Institute in New Mexico will be designated voter registration agencies under the National Voter Registration Act.

Can WISCONSIN voters turn in a completed ballot on someone else’s behalf? Legally, it depends on who you ask.

The Latest In Election Sabotage

It’s no surprise but it’s worth mentioning: An investigator agreed upon by ARIZONA’s Republican Senate president and Maricopa County squashed a long-running GOP conspiracy theory, saying there was no evidence of data deletion or destruction of evidence in the county.

The group “True The Vote” is using random cell phone data in WISCONSIN to allege spooky “ballot trafficking.”

That state's assembly speaker, Robin Vos (R), apparently thinks the partisan investigation of the 2020 election in that state has uncovered lots of activity “that a Republican attorney general could later prosecute.” We’ll wait until he can name a single thing.

Republican legislators in SEVERAL STATES have pushed to outlaw ballot-counting machines.

Associated Press: White House releases report on Native American voting rights

WaPo: As GOP lawmakers push for more election fraud charges, prosecutors find few cases

AP: GOP push against ballot drop boxes hits rural places, too

Axios: Exit interview with Georgia's most high-profile elections director

NBC News: Supreme Court ruling on Wisconsin legislative map puts voting rights advocates on high alert

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