Roundup of noteworthy court challenges involving redistricting (Oct. 19)

Here’s a summary of recent court challenges involving redistricting.

Former Republican elected officials file lawsuit challenging Oregon’s congressional map

On Oct. 11, four former Oregon elected officials—former Oregon Secretary of State Bev Clarno (R), former Oregon House Republican leader Gary Wilhelms (R), former Mayor of The Dalles James Wilcox, and former Oregon House Speaker Larry Campbell (R)—filed a lawsuit with the Oregon Supreme Court challenging the validity of the state’s enacted congressional map. In the lawsuit, the plaintiffs said the map was “an unconstitutional partisan gerrymandered redistricting map, as the Democrats drew the map with impermissible partisan intent to favor the Democratic Party, and [the map] will have impermissible partisan effects.” The plaintiffs requested the court declare the congressional map invalid and draw a different congressional map.

Oregon Gov. Kate Brown (D) signed the new congressional map into law on Sept. 27. It was approved by the Oregon House of Representatives 33-16 and approved by the Oregon State Senate 18-6.

ACLU, NAACP file lawsuit in federal court regarding South Carolina redistricting timeline

The American Civil Liberties Union (ACLU) and the South Carolina chapter of the NAACP filed a lawsuit in federal court on Oct. 12 against the South Carolina legislature asking the court to set a deadline for legislators to return to session. South Carolina Senate President Harvey Peeler (R) canceled a special Senate session originally scheduled to begin Oct. 12 and indicated that lawmakers may not reconvene to address redistricting until December or January.

The ACLU and NAACP said the delay would prevent any potential lawsuits from being resolved before the new districts take effect. Leah Aden, deputy director of litigation at the NAACP’s Legal Defense and Educational Fund, said “In every redistricting cycle for the last 50 years — since Congress enacted the Voting Rights Act — voters and others have been compelled to go to court to fix the legislature’s maps…The state’s refusal to tell the public when it will reconvene to take up its obligation to redraw the lines and make it difficult, if not impossible, to resolve any court challenge before the consequential 2022 primaries is unacceptable.”

Three-judge panel named for federal lawsuit asking Virginia to hold legislative elections in both 2021 and 2022

A three-judge panel was selected in a federal lawsuit filed by former state Democratic Party Chairman Paul Goldman that argues that the state’s November 2021 legislative elections with districts drawn after the 2010 census violates the state’s constitution and the Equal Protection Clause. Goldman filed the suit in July.

Goldman argued that Virginia should also hold legislative elections in November 2022 after the state completes redistricting since urban areas have seen increased population growth relative to other parts of the state. Goldman stated that votes in the areas where the population has risen more rapidly are less valuable than those in other parts of the state if the 2010 maps are used for the entire two-year cycle.

U.S. District Judge David Novak ruled the case could move forward and appointed himself, Fourth Circuit Judge Stephanie Thacker, and U.S. District Judge Raymond Jackson to hear the case. Novak was appointed to the court by President Donald Trump (R), Thacker was appointed by President Barack Obama (D), and Jackson was appointed by President Bill Clinton (D).

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