The American Democracy Minute Radio Report & Podcast for Aug. 29, 2023
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
An unusual New Mexico redistricting case reaches a state district court next month. Unusual in that it’s Republicans claiming that Democrats did the partisan gerrymandering, but also that it will be one of the first cases to employ a partisan gerrymandering test suggested by U.S. Supreme Court Justice Elena Kagan.
In 2019, the U.S. Supreme Court majority ruled in Common Cause v. Rucho that partisan gerrymandering was a political matter and ceded authority to the states. In her dissent, Justice Kagan recommended a three-part test to determine whether redistricting was in fact partisan gerrymandering.
Kagan said courts should ask first whether the mapmakers intended to entrench their party’s power by diluting votes of the opposing party. Second, by analyzing past maps, asking whether they succeeded. And third, comparing the contested map with maps using established fair criteria and asking mapmakers to defend their suspect maps.
The New Mexico Supreme Court advised its lower court to employ this test to determine whether Democrats exceeded the “reasonable” amount of partisan gerrymandering as allowed in Article II, Section 18 of the state constitution when redistricting the state’s 2nd Congressional District. If adopted by other courts, it could help curb partisan gerrymandering where state constitutions forbid it. The District Court trial begins September 27th.
We have articles and court briefs on the case at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Democracy Docket – New Mexico Congressional Redistricting Challenge
U.S. Supreme Court – Common Cause v. Rucho
NM Political Report – Gerrymandering case will move forward
Democracy Docket – New Mexico Supreme Court Rules That State Courts Can Review Partisan Gerrymandering Claims
NM Political Report – Watchdog groups file brief in congressional gerrymandering case
NM 5th Judicial Distict Court – Brief by Election Reformers Network, Common Cause New Mexico, and the League of Women Voters New Mexico
SEAN P. TRENDE – Amicus brief by redistricting legal expert
Groups Taking Action:
Election Reformers Network, Common Cause New Mexico, and the League of Women Voters New Mexico
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