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North Carolina Congressional Map Ruled Unconstitutionally Gerrymandered (nytimes.com)

An anonymous reader shares a report: A panel of federal judges struck down North Carolina's congressional map on Tuesday, condemning it as unconstitutional because Republicans had drawn the map seeking a political advantage (Editor's note: the link may be paywalled; alternative source). The ruling was the first time that a federal court had blocked a congressional map because of a partisan gerrymander, and it instantly endangered Republican seats in the coming elections. Judge James A. Wynn Jr., in a biting 191-page opinion, said that Republicans in North Carolina's Legislature had been "motivated by invidious partisan intent" as they carried out their obligation in 2016 to divide the state into 13 congressional districts, 10 of which are held by Republicans. The result, Judge Wynn wrote, violated the 14th Amendment's guarantee of equal protection. The ruling and its chief demand -- that the Republican-dominated Legislature create a new landscape of congressional districts by Jan. 24 -- infused new turmoil into the political chaos that has in recent years enveloped North Carolina. President Trump carried North Carolina in 2016, but the state elected a Democrat as its governor on the same day and in 2008 supported President Barack Obama.

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  1. Automation by ThosLives · · Score: 5, Insightful

    How is this not automated? Should just be a computer program that does "find the N points such that each point is the closest point to exactly P/N people."

    That is, make a Voronoi diagram on population, not geometric distance.

    No politics involved at all, but probably people wouldn't like it...

    --
    "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    1. Re:Automation by religionofpeas · · Score: 4, Insightful

      Why not simply add up all the votes over the entire population of interest ?

  2. Re:Gerrymandering? by PopeRatzo · · Score: 5, Insightful

    Democrats won in nine of the 10 most-gerrymandered districts. But eight out of 10 of those districts were drawn by Republicans.

    That's how gerrymandering works. You don't create districts for your own party to win, you create single safe districts for the other party to win to "contain" the opposition votes in one district so they don't affect the others.

    For example, the most common type of gerrymandering in North Carolina is to put all the black voters into one district. By sacrificing that one district, you improve your chances in the five surrounding districts. This is from the article you cited:

    "Contrary to one popular misconception about the practice, the point of gerrymandering isn't to draw yourself a collection of overwhelmingly safe seats. Rather, it's to give your opponents a small number of safe seats, while drawing yourself a larger number of seats that are not quite as safe, but that you can expect to win comfortably. "

    --
    You are welcome on my lawn.
  3. Packing and cracking by sjbe · · Score: 4, Insightful

    Democrats won in nine of the 10 most-gerrymandered districts. But eight out of 10 of those districts were drawn by Republicans.

    That's because of a tactic called "packing" whereby you try to concentrate the opposition into the fewest districts possible. The other major tactic is "cracking" which dilutes the voting power of the opposition across multiple districts. So it wouldn't be shocking at all to find a highly gerrymandered district drawn by the losing party. They do that so that they can win more seats elsewhere.

  4. Re:By Definition by bigpat · · Score: 4, Insightful

    Gerrymandering is, by definition, the manipulation of the Congressional districts in a way to assure an outcome beneficial to one party of another.

    What makes it "insidious" or not is beyond speculation. That is is just a stupid, inflammatory adjective on the Judge's part.

    BTW, Gerrymandering has been happening since the beginning of the Republic.

    Well at some point it does become obscene in the extreme. Looking at these maps and reading a bit at how they are formed... ie throw as many Democrats as possible into a few districts and then spread the remaining Democrats out in all the other districts. I don't really see how this is any different than the prohibition on using race as part of drawing new districts.

    The courts should make this simple and delegitimize partisan affiliation and voting history as a valid consideration. The only legitimate data that are used to draw the maps should be where people live and then the districts should be draw to closely match the existing underlying political boundaries (ie cities, towns and counties) in a geographically compact area.

  5. Disenfranchisement by sjbe · · Score: 4, Insightful

    No one has ever been denied the ability to associate with members of their own party.

    Not sure what point you are trying to make but you certainly missed the one in the discussion. Gerrymandering utilizes the association with a political party to remove the power of their vote by rigging the system. So if Party A draws the districts to favor Party A then members of Party B are being disenfranchised as a result. Members of Party B are effectively being deprived of their vote because their vote will not matter in the outcome of the election. The fact that they actually cast a ballot does not change the fact that their vote won't have any chance to affect the outcome because the electorate has been rigged.

  6. But majority-minority districts are just fine?? by mpercy · · Score: 4, Insightful

    Remember back when Democrats were happily using racist assumptions that blacks could only get elected from majority-black districts, which they were all too happy to gerrymander into existence?

    The current Republican antics are a direct result of those racist efforts...and redrawing the districts will almost certainly dilute those majority-minority districts (again, which are racist constructs in the first place). And lots of folks will not be happy at all about districts drawn by "colorblind" algorithms that are simply trying to map equal numbers of people into right-sized districts, so the algorithms will have to be made "fair". Good luck with that.

    The Atlantic (2013)

    Acting under the legal strength and moral authority of the Voting Rights Act, the Democrats led the charge to draw so-called "majority-minority districts" -- ones packed so full of minority voters that they usually resulted in electing a minority representative, as intended. The number of minority representatives jumped exponentially from the 1960s through the 1980s, with the number of black House members increasing from five to 24 by 1989.

    But just in time for the redistricting in 1990, some enterprising Republicans began noticing a rather curious fact: The drawing of majority-minority districts not only elected more minorities, it also had the effect of bleeding minority voters out of all the surrounding districts. Given that minority voters were the most reliably Democratic voters, that made all of the neighboring districts more Republican. The black, Latino, and Asian representatives mostly were replacing white Democrats, and the increase in minority representation was coming at the expense of electing fewer Democrats. The Democrats had been tripped up by a classic Catch-22, as had minority voters: Even as legislatures were becoming more diverse, they were ironically becoming less friendly to the agenda of racial minorities.

    Newt Gingrich embraced this strategy of drawing majority-minority districts for GOP advantage, as did the Bush Administration Justice Department prior to the 1991 redistricting, even as GOP activists like now-Chief Justice John Roberts campaigned against the VRA because they opposed any race-based remedies. The tipping point was the 1994 midterm elections, when the GOP captured the U.S. House of Representatives for the first time in 35 years and Gingrich because speaker. Many experts on both the left and the right, from The Nation's Ari Berman and prominent GOP election lawyer Ben Ginsberg (who spearheaded the 1991 effort to maximize the number of majority-minority districts), attribute the Republican success that year to the drawing of majority-minority districts; indeed, African-American membership in the House reached its highest level ever, at 40.

    VRA districts undoubtedly played a role in the GOP takeover, but they were not the only factor, since Republicans made big gains that year in lots of places outside the South. But in the hardscrabble battles of the 50-50 nation, any advantage at all was embraced, and prominent Republicans like Ginsberg and Gingrich became the loudest proponents of drawing majority-minority districts.

  7. Re:Wow, really? by Green+Mountain+Bot · · Score: 4, Insightful

    Never mind that the third judge was a Bush appointee and concurred on two of the three bases for the decision.