What Is Normal?

Here we are . . . .  It’s January 22, 2022. It’s windy outside. Cold, yet blindingly bright. What snow we had in Milwaukee County has mostly melted, yet winter isn’t even a month old at this writing. Classes resume for the “spring” semester on Monday, the 24th of January 2022, having been delayed for a week so Marquette University can address the burgeoning Omicron variant of the COVID virus. It is this writer’s second “spring” semester at Marquette University Law School and the second spent in the global COVID pandemic.

Back when acceptance letters were being delivered to the class of law students who will graduate in May 2023, scarcely a person on the planet predicted—or even truly considered—that two years hence, we would still be in the throes of a devastating pandemic. And yes, devastating is the correct word to use here, but it isn’t the only word that can be used. The pandemic, for some aspects of life, has been confusingly constructive and progressive. Despite this, many still ask, “When will things return to normal?”

Personally, this writer struggles to comprehend what is normal in most situations—a flaw, perhaps, that has existed since youth. But let’s put the question to the reader: What is normal?

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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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Texas Deputies and S.B. 8

If you’re like the rest of the United States, then you are aware of the recent attempts to restrict the right to abortion pre-viability — a right affirmed by the Supreme Court in Planned Parenthood v Casey., 505 U.S. 833. Despite the holding in Planned Parenthood, States continue to pass legislation restricting abortion. In some States, these attempts are no more than a brazen attempt to ban nontherapeutic pre-viability abortions.

By the end of 2021, some fifteen States had passed legislation that banned non-therapeutic pre-viability abortions, commonly referred to as “Heartbeat bills.” (As of this writing, the states are Alabama, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, and Texas.) Though neither the progenitor nor the ultimate occurrence, S.B. 8, passed by Texas’s legislature and signed into law by Governor Abbott, has created rather significant waves in the legal landscape. Perhaps predictably, other States have emulated Texas’s approach, an approach that some commentators call the most restrictive abortion legislation to be passed post-Roe v. Wade (410 U.S. 113). A quick perusal of one’s favorite internet search engine will reveal the myriad commentary discussing the ways in which Texas and other States have been ingeniously skirting the dictates of the Supreme Court.

So, what is it that makes Texas’s legislation so newsworthy? Truly, it is not the restrictions that Texas has imposed that makes this law exceptional. After all, States have been passing restrictions on abortion long before the right was recognized by the Supreme Court. It is, also, not the fact that Texas is attempting to make it impossible for women, other than victims of rape and incest, to obtain an abortion once a heartbeat is detected; Texas is hardly novel in its endeavors in this area. What makes Senate Bill 8 so exceptional is its novel enforcement scheme.

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