Whose maps are least changed of all?   

This blog post continues the focus of the Law School’s Lubar Center on redistricting

Change, like beauty, appears to be in the eye of the beholder.

After the Wisconsin Supreme Court ruled that new legislative and congressional district maps must change as little as legally possible from the current maps, observers saw it as a win for the Republicans and conservatives who sought that ruling. Democrats have condemned the maps drawn in 2011 as an extreme partisan gerrymander that has locked in GOP control of the Legislature for the past decade.

But while least-change maps are sure to be Republican-majority maps, they’re not necessarily going to be the same maps that the GOP-controlled Legislature approved last year, only to be vetoed by Democratic Gov. Tony Evers. And the ruling hasn’t driven all the rival map-changers out of the courtroom.

Instead, Justice Rebecca Bradley’s majority opinion has prompted a legal debate over exactly what “least change” means—and a contest in which nearly all of the parties are competing to convince the court that their preferred maps would change less than those submitted by their opponents.

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No Exit

Prof. Rick Hasen of UCLA, an expert in election law, had an op-ed in Friday’s New York Times that argued that in the wake of the 2020 election and its aftermath, including the January 6th attack on Congress, “[w]e must not succumb to despair on indifference. It won’t be easy, but there is a path forward if we begin acting now, together, to shore up our fragile election ecosystem.”

Unfortunately, I disagree. The fact that there is no path forward unless X, Y, and Z happen does not mean that X, Y, and Z will happen. It could well be that there is no path forward. And no path is likely to be available until a significant portion of the American public fundamentally change their present views about their society and their fellow citizens.

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Black, Brown, and White: Differing Views on Redistricting Involve More than Red and Blue

This blog post continues the focus of the Law School’s Lubar Center on redistricting

More than two colors matter in redrawing district maps.

In Wisconsin, public and media attention has focused largely on how much red and blue show up in each proposed legislative or congressional map, reflecting the partisan balance of power between Republicans and Democrats.

But redistricting is also a portrait in black, brown, and white, with district lines under scrutiny for how they affect the rights of Black and Hispanic voters to choose their preferred representatives. And as state and local redistricting debates show, federal court decisions have left a lot of gray areas in interpreting those legal rights.

Continue ReadingBlack, Brown, and White: Differing Views on Redistricting Involve More than Red and Blue