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FM","link":"/"}},"news_11927574":{"type":"posts","id":"news_11927574","meta":{"index":"posts_1591205157","site":"news","id":"11927574","score":null,"sort":[1664837058000]},"guestAuthors":[],"slug":"the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","publishDate":1664837058,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11917776,news_11917650,news_11910550\"]Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n","blocks":[],"excerpt":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","status":"publish","parent":0,"modified":1664839168,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1107},"headData":{"title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket | KQED","description":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","datePublished":"2022-10-03T22:44:18.000Z","dateModified":"2022-10-03T23:19:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11927574 https://ww2.kqed.org/news/?p=11927574","disqusUrl":"https://ww2.kqed.org/news/2022/10/03/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket/","disqusTitle":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","nprImageCredit":"Collection of the Supreme Court of the United States","nprByline":"Nina Totenberg","nprImageAgency":"Getty Images","nprStoryId":"1126041958","nprApiLink":"http://api.npr.org/query?id=1126041958&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2022/10/03/1126041958/supreme-court-new-term?ft=nprml&f=1126041958","nprRetrievedStory":"1","nprPubDate":"Mon, 03 Oct 2022 17:19:00 -0400","nprStoryDate":"Mon, 03 Oct 2022 05:00:08 -0400","nprLastModifiedDate":"Mon, 03 Oct 2022 17:19:18 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","nprAudioM3u":"http://api.npr.org/m3u/11126519007-2149e2.m3u?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11917776,news_11917650,news_11910550"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","authors":["byline_news_11927574"],"categories":["news_6188","news_8"],"tags":["news_31752","news_23960","news_20682","news_282","news_201","news_1172"],"affiliates":["news_253"],"featImg":"news_11927575","label":"news_253"},"news_11778135":{"type":"posts","id":"news_11778135","meta":{"index":"posts_1591205157","site":"news","id":"11778135","score":null,"sort":[1570207434000]},"guestAuthors":[],"slug":"california-models-how-to-banish-gerrymandering-and-why-thats-so-hard","title":"California Models How to Banish Gerrymandering — And Why That’s So Hard","publishDate":1570207434,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Ask Cynthia Dai what she’s been up to in her spare time, and she’ll say “saving democracy.”\u003c/p>\n\u003cp>Nearly a decade ago, she discovered that applications were about to close for citizens willing to serve on a new California commission that would redraw new congressional and legislative districts. The stakes were enormous. The state’s politicians previously drew lines to protect their jobs and maximize their party’s seats — one late Democrat called the resulting maps \u003ca href=\"https://www.latimes.com/archives/la-xpm-2005-oct-02-oe-rarick2-story.html\">“my contribution to modern art.”\u003c/a> But by 2010, the state was creating a citizen’s commission to do the job more fairly.\u003c/p>\n\u003cp>Dai held degrees in electrical engineering, computer science and an MBA from Stanford. She decided to go for it. Why, when it required her to conquer an application process that she likened to applying for grad school?\u003c/p>\n\u003cp>“Gerrymandering is evil!” she said.\u003c/p>\n\u003cp>She regards her work on the 2010 commission as one of the most meaningful things she’s done in her life.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Gerrymandering has led to extreme partisanship, which we are seeing all over the country right now, and it means that government can’t get the work of the people done. I feel that we played our part in fixing that, in California at least.”\u003c/p>\n\u003cp>[aside label=\"Understanding Gerrymandering\" hero=\"http://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2012/06/assem2011mapfinal.gif\" link1=\"https://www.kqed.org/lowdown/26074/redistricting-how-the-maps-of-power-are-drawn-with-lesson-plan,The Strange Geometry of Gerrymandering\" link2=\"https://ww2.kqed.org/education/2017/05/17/what-should-we-do-about-gerrymandering/,What Should We Do About Gerrymandering?\" link3=\"https://www.kqed.org/lowdown/2296/redistricting-california-style-attempting-reform,Redistricting California Style\"]Today she’s often on the road to other states evangelizing the value of independent redistricting commissions. Her last stop was Pennsylvania, a state so plagued by gerrymandering that the contours of one district earned the nickname “\u003ca href=\"https://www.washingtonpost.com/blogs/the-fix/post/name-that-district-contest-winner-goofy-kicking-donald-duck/2011/12/29/gIQA2Fa2OP_blog.html\">Goofy kicking Donald Duck\u003c/a>.” (The state’s congressional map has since been redrawn by the Pennsylvania Supreme Court.)\u003c/p>\n\u003cp>But even while California touts its commission approach as insurance against partisan shenanigans, the state’s \u003ca href=\"https://calmatters.org/commentary/fair-elections/\">second crack\u003c/a> at trying to field a panel of anti-gerrymandering gurus hasn’t been so easy. The \u003ca href=\"https://calmatters.org/politics/2019/08/california-citizen-redistricting-commission-diversity-problems/\">shrunken pool of applicants \u003c/a>for the next panel, which will draw lines after the 2020 census, skews more white and male than the state. Latinos are particularly underrepresented.\u003c/p>\n\u003cp>In pursuit of a diverse, qualified pool, the state extended the first deadline. Then it extended the second deadline.\u003c/p>\n\u003cp>“We act like ‘Oh my gosh, the problem is the deadline. The problem is people didn’t know’,” said Mike Madrid, a GOP consultant. “We should not fool ourselves into believing that that’s going to solve the problem because it’s not.”\u003c/p>\n\u003cp>Madrid called the extensions a patchwork solution to a larger problem: Latinos aren’t civically engaged because they tend to have limited access to economic mobility. It’s not surprising, he said, that an ethnic group that typically loses in California’s political system would not be engaged. If the system does nothing for them, why participate at all?\u003c/p>\n\u003cp>“They’ll extend the deadline and they’ll do outreach and they’ll throw some money at trying to cover up the glaring problem and you know they’ll stumble towards getting something representative,” he said.\u003c/p>\n\u003cp>More than 17,000 Californians were considered tentatively eligible to be a part of the 2020 anti-gerrymandering squad. That means as long as their info was accurate once double-checked by the auditor’s office, they’ve reached the next level: a step that includes several essay questions and three letters of recommendation. The deadline has been extended to Oct. 13.\u003c/p>\n\u003cp>But here, things get dicey. So far more than 700 applicants have turned in their supplemental questions. But completed applications, which includes the letters of recommendation, have dropped to less than 400.\u003c/p>\n\u003cp>[pullquote align=\"left\" citation=\"Stan Forbes\"]\"You can't just let the politicians draw their own lines.\"[/pullquote]From the final applicant pool culled by a panel of auditors, State Auditor Elaine Howle will randomly select eight commissioners by July 5, 2020. Then those eight choose six more.\u003c/p>\n\u003cp>Margarita Fernandez, a spokesperson for the State Auditor’s office said she expects a surge in applicants the final week before the deadline. The office has led online workshops to help applicants through the process. She said hundreds of viewers have tuned in to navigate the next step.\u003c/p>\n\u003cp>Political consultant Paul Michell of Political Data Inc. acknowledged that the process can be daunting. Nonetheless, he likes it better than the alternatives in other states.\u003c/p>\n\u003cp>“The process does make it hard to game the system. It would be nearly impossible for you to get any kind of significant number of commissioners in there that just happen to be the brother-in-law of the Speaker of the Assembly, or the sister-in-law of the president of the Senate or the cousin of the fundraiser for the governor,” said Mitchell. “That’s the kind of thing we see in commissions around the country. The way the process works and the independence of it from our politicians in California is kind of the greatest feature within this process.”\u003c/p>\n\u003cp>To Mitchell, the drop in applicants was to be expected, especially as the novelty of a brand new, shiny commission wears off. And the state’s extension of the first deadline, he said, triggered a domino effect that made an extension necessary for the second phase.\u003c/p>\n\u003cp>People now know what they’re getting into, said Stan Forbes, a Sacramento bookstore owner and member of the 2010 commission.\u003c/p>\n\u003cp>“If you have a paper due in college, how many people turned it in early? Nobody,” he said. “So when it gets to be two days before the deadline, then I might get more nervous. But at this point it’s just human nature.”\u003c/p>\n\u003cp>Forbes said his own cynicism about politics motivated him to serve on the commission, despite the fact that his day job forces him to work long hours seven days a week.\u003c/p>\n\u003cp>“You just can’t let politicians draw their own lines. There’s too much self-interest,” he said. “They’re simply incapable of not exercising that self-interest.”\u003c/p>\n\u003cp>[pullquote align=\"left\" citation=\"Paul Mitchell\"]\"The process does make it hard to game the system. It would be nearly impossible for you to get any kind of significant number of commissioners in there that just happen to be the brother-in-law of the Speaker of the Assembly...\"[/pullquote]He said he doesn’t have a party preference but that working with other commissioners from political parties members wasn’t a problem.\u003c/p>\n\u003cp>“It was fabulous,” he said. “You had a group of really like-minded individuals. They just wanted the system to work and they wanted the public to have a meaningful vote.”\u003c/p>\n\u003cp>Which was the goal all along. One of the biggest supporters of the commission is former Republican Gov. Arnold Schwarzenegger. He pushed for a commission before California voters approved a 2008 ballot measure creating one. And he continues to preach its value. Last year, while filming for his recurring role as a T-800 cyborg, Schwarzenegger made time to share what he truly wants to terminate: gerrymandering.\u003c/p>\n\u003cp>“We all know this is not the sexiest subject in town,” he said in an\u003ca href=\"https://www.theatlantic.com/politics/archive/2018/10/schwarzenegger-campaigning-redistricting-michigan/572959/\"> interview\u003c/a> with The Atlantic last year. “It’s always about showing your passion and fighting for it. The worst thing you can do is sit on your couch.”\u003c/p>\n\u003cp>While taking a break from filming a new Terminator movie last year, he visited Colorado and Michigan to campaign for ballot measures creating independent commissions there. In both states, the measures passed.\u003c/p>\n\u003cp>As independent commissions become more popular, there is evidence that they are having the desired effect. Christian Grose, the academic director of the USC Schwarzenegger Institute for State and Global Policy, has conducted\u003ca href=\"https://issuu.com/robquigley/docs/the_worst_gerrymanders_of_2018_us_state_legislatur\"> research\u003c/a> showing that states with independent commissions tend to be fairer and more representative.\u003c/p>\n\u003cp>[aside postID=\"news_11363995\"]In California, “the statewide votes matched the outcomes somewhat more proportionally than we see in these other extreme gerrymandering states so in that sense the commission had an impact,” Grose said. “Similarly, Arizona has an independent commission that’s like California and they also had some fairly proportional vote and seat outcomes.”\u003c/p>\n\u003cp>Eligible applicants for California’s commission must be registered to vote since 2015 and not have changed their party preference since then. They also must answer “no” to questions designed to ensure they lack any conflict of interest, such as whether they’ve worked for a political party or campaign in the last 10 years.\u003c/p>\n\u003cp>Phase two \u003ca href=\"https://shapecaliforniasfuture.auditor.ca.gov/example-applications/examples/supplemental.html\" target=\"_blank\" rel=\"noreferrer noopener\">includes\u003c/a> four essay questions:\u003c/p>\n\u003cul>\n\u003cli>Why they want to serve and think the commission is important\u003c/li>\n\u003cli>What it means to be impartial\u003c/li>\n\u003cli>Their appreciation for California’s diversity\u003c/li>\n\u003cli>Any relevant analytical skills they possess\u003c/li>\n\u003c/ul>\n\u003cp>Once selected, commissioners receive a $300 stipend for each day they conduct commission business, plus expenses related to their duties.\u003c/p>\n\u003cp>Applicant Caroline Farrell, a Green party member who lives in Bakersfield, has no complaints about the vetting process. As a Green Party member from a conservative part of the state, she feels she would be a fair representative of the Central Valley.\u003c/p>\n\u003cp>“The idea is to find people who can put partisan ideas to the side and think more about what districts make sense for the state,” she said. “Personally, I think it would be really interesting to learn more about the different regions in California, the different issues, the different communities, the different ways people identify themselves with the place that they live.”\u003c/p>\n\u003cp>Learn more about California’s anti-gerrymandering squad \u003ca href=\"https://shapecaliforniasfuture.auditor.ca.gov/\">here\u003c/a> and take a look at the 2010 crew \u003ca href=\"https://wedrawthelines.ca.gov/bios/\">here\u003c/a>.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org\" rel=\"noopener\" target=\"_blank\">CALmatters\u003c/a> a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"California urges other states to go its way: Let citizens, not politicians, draw district maps. But the state's having a bit of trouble attracting a diverse, qualified pool of citizens willing to do the job.","status":"publish","parent":0,"modified":1570207434,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":39,"wordCount":1747},"headData":{"title":"California Models How to Banish Gerrymandering — And Why That’s So Hard | KQED","description":"California urges other states to go its way: Let citizens, not politicians, draw district maps. But the state's having a bit of trouble attracting a diverse, qualified pool of citizens willing to do the job.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Models How to Banish Gerrymandering — And Why That’s So Hard","datePublished":"2019-10-04T16:43:54.000Z","dateModified":"2019-10-04T16:43:54.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11778135 https://ww2.kqed.org/news/?p=11778135","disqusUrl":"https://ww2.kqed.org/news/2019/10/04/california-models-how-to-banish-gerrymandering-and-why-thats-so-hard/","disqusTitle":"California Models How to Banish Gerrymandering — And Why That’s So Hard","source":"CALmatters","sourceUrl":"https://calmatters.org/politics/2019/10/california-trouble-filling-citizen-redistricting-commission-gerrymandering/","nprByline":"\u003ca href=\"https://calmatters.org/author/elizabeth-castillo/\">Elizabeth Castillo\u003c/a>\u003cbr>\u003cstrong>CALmatters\u003c/strong>","path":"/news/11778135/california-models-how-to-banish-gerrymandering-and-why-thats-so-hard","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ask Cynthia Dai what she’s been up to in her spare time, and she’ll say “saving democracy.”\u003c/p>\n\u003cp>Nearly a decade ago, she discovered that applications were about to close for citizens willing to serve on a new California commission that would redraw new congressional and legislative districts. The stakes were enormous. The state’s politicians previously drew lines to protect their jobs and maximize their party’s seats — one late Democrat called the resulting maps \u003ca href=\"https://www.latimes.com/archives/la-xpm-2005-oct-02-oe-rarick2-story.html\">“my contribution to modern art.”\u003c/a> But by 2010, the state was creating a citizen’s commission to do the job more fairly.\u003c/p>\n\u003cp>Dai held degrees in electrical engineering, computer science and an MBA from Stanford. She decided to go for it. Why, when it required her to conquer an application process that she likened to applying for grad school?\u003c/p>\n\u003cp>“Gerrymandering is evil!” she said.\u003c/p>\n\u003cp>She regards her work on the 2010 commission as one of the most meaningful things she’s done in her life.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Gerrymandering has led to extreme partisanship, which we are seeing all over the country right now, and it means that government can’t get the work of the people done. I feel that we played our part in fixing that, in California at least.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Understanding Gerrymandering ","hero":"http://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2012/06/assem2011mapfinal.gif","link1":"https://www.kqed.org/lowdown/26074/redistricting-how-the-maps-of-power-are-drawn-with-lesson-plan,The Strange Geometry of Gerrymandering","link2":"https://ww2.kqed.org/education/2017/05/17/what-should-we-do-about-gerrymandering/,What Should We Do About Gerrymandering?","link3":"https://www.kqed.org/lowdown/2296/redistricting-california-style-attempting-reform,Redistricting California Style"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Today she’s often on the road to other states evangelizing the value of independent redistricting commissions. Her last stop was Pennsylvania, a state so plagued by gerrymandering that the contours of one district earned the nickname “\u003ca href=\"https://www.washingtonpost.com/blogs/the-fix/post/name-that-district-contest-winner-goofy-kicking-donald-duck/2011/12/29/gIQA2Fa2OP_blog.html\">Goofy kicking Donald Duck\u003c/a>.” (The state’s congressional map has since been redrawn by the Pennsylvania Supreme Court.)\u003c/p>\n\u003cp>But even while California touts its commission approach as insurance against partisan shenanigans, the state’s \u003ca href=\"https://calmatters.org/commentary/fair-elections/\">second crack\u003c/a> at trying to field a panel of anti-gerrymandering gurus hasn’t been so easy. The \u003ca href=\"https://calmatters.org/politics/2019/08/california-citizen-redistricting-commission-diversity-problems/\">shrunken pool of applicants \u003c/a>for the next panel, which will draw lines after the 2020 census, skews more white and male than the state. Latinos are particularly underrepresented.\u003c/p>\n\u003cp>In pursuit of a diverse, qualified pool, the state extended the first deadline. Then it extended the second deadline.\u003c/p>\n\u003cp>“We act like ‘Oh my gosh, the problem is the deadline. The problem is people didn’t know’,” said Mike Madrid, a GOP consultant. “We should not fool ourselves into believing that that’s going to solve the problem because it’s not.”\u003c/p>\n\u003cp>Madrid called the extensions a patchwork solution to a larger problem: Latinos aren’t civically engaged because they tend to have limited access to economic mobility. It’s not surprising, he said, that an ethnic group that typically loses in California’s political system would not be engaged. If the system does nothing for them, why participate at all?\u003c/p>\n\u003cp>“They’ll extend the deadline and they’ll do outreach and they’ll throw some money at trying to cover up the glaring problem and you know they’ll stumble towards getting something representative,” he said.\u003c/p>\n\u003cp>More than 17,000 Californians were considered tentatively eligible to be a part of the 2020 anti-gerrymandering squad. That means as long as their info was accurate once double-checked by the auditor’s office, they’ve reached the next level: a step that includes several essay questions and three letters of recommendation. The deadline has been extended to Oct. 13.\u003c/p>\n\u003cp>But here, things get dicey. So far more than 700 applicants have turned in their supplemental questions. But completed applications, which includes the letters of recommendation, have dropped to less than 400.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"You can't just let the politicians draw their own lines.\"","name":"pullquote","attributes":{"named":{"align":"left","citation":"Stan Forbes","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>From the final applicant pool culled by a panel of auditors, State Auditor Elaine Howle will randomly select eight commissioners by July 5, 2020. Then those eight choose six more.\u003c/p>\n\u003cp>Margarita Fernandez, a spokesperson for the State Auditor’s office said she expects a surge in applicants the final week before the deadline. The office has led online workshops to help applicants through the process. She said hundreds of viewers have tuned in to navigate the next step.\u003c/p>\n\u003cp>Political consultant Paul Michell of Political Data Inc. acknowledged that the process can be daunting. Nonetheless, he likes it better than the alternatives in other states.\u003c/p>\n\u003cp>“The process does make it hard to game the system. It would be nearly impossible for you to get any kind of significant number of commissioners in there that just happen to be the brother-in-law of the Speaker of the Assembly, or the sister-in-law of the president of the Senate or the cousin of the fundraiser for the governor,” said Mitchell. “That’s the kind of thing we see in commissions around the country. The way the process works and the independence of it from our politicians in California is kind of the greatest feature within this process.”\u003c/p>\n\u003cp>To Mitchell, the drop in applicants was to be expected, especially as the novelty of a brand new, shiny commission wears off. And the state’s extension of the first deadline, he said, triggered a domino effect that made an extension necessary for the second phase.\u003c/p>\n\u003cp>People now know what they’re getting into, said Stan Forbes, a Sacramento bookstore owner and member of the 2010 commission.\u003c/p>\n\u003cp>“If you have a paper due in college, how many people turned it in early? Nobody,” he said. “So when it gets to be two days before the deadline, then I might get more nervous. But at this point it’s just human nature.”\u003c/p>\n\u003cp>Forbes said his own cynicism about politics motivated him to serve on the commission, despite the fact that his day job forces him to work long hours seven days a week.\u003c/p>\n\u003cp>“You just can’t let politicians draw their own lines. There’s too much self-interest,” he said. “They’re simply incapable of not exercising that self-interest.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"The process does make it hard to game the system. It would be nearly impossible for you to get any kind of significant number of commissioners in there that just happen to be the brother-in-law of the Speaker of the Assembly...\"","name":"pullquote","attributes":{"named":{"align":"left","citation":"Paul Mitchell","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>He said he doesn’t have a party preference but that working with other commissioners from political parties members wasn’t a problem.\u003c/p>\n\u003cp>“It was fabulous,” he said. “You had a group of really like-minded individuals. They just wanted the system to work and they wanted the public to have a meaningful vote.”\u003c/p>\n\u003cp>Which was the goal all along. One of the biggest supporters of the commission is former Republican Gov. Arnold Schwarzenegger. He pushed for a commission before California voters approved a 2008 ballot measure creating one. And he continues to preach its value. Last year, while filming for his recurring role as a T-800 cyborg, Schwarzenegger made time to share what he truly wants to terminate: gerrymandering.\u003c/p>\n\u003cp>“We all know this is not the sexiest subject in town,” he said in an\u003ca href=\"https://www.theatlantic.com/politics/archive/2018/10/schwarzenegger-campaigning-redistricting-michigan/572959/\"> interview\u003c/a> with The Atlantic last year. “It’s always about showing your passion and fighting for it. The worst thing you can do is sit on your couch.”\u003c/p>\n\u003cp>While taking a break from filming a new Terminator movie last year, he visited Colorado and Michigan to campaign for ballot measures creating independent commissions there. In both states, the measures passed.\u003c/p>\n\u003cp>As independent commissions become more popular, there is evidence that they are having the desired effect. Christian Grose, the academic director of the USC Schwarzenegger Institute for State and Global Policy, has conducted\u003ca href=\"https://issuu.com/robquigley/docs/the_worst_gerrymanders_of_2018_us_state_legislatur\"> research\u003c/a> showing that states with independent commissions tend to be fairer and more representative.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11363995","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In California, “the statewide votes matched the outcomes somewhat more proportionally than we see in these other extreme gerrymandering states so in that sense the commission had an impact,” Grose said. “Similarly, Arizona has an independent commission that’s like California and they also had some fairly proportional vote and seat outcomes.”\u003c/p>\n\u003cp>Eligible applicants for California’s commission must be registered to vote since 2015 and not have changed their party preference since then. They also must answer “no” to questions designed to ensure they lack any conflict of interest, such as whether they’ve worked for a political party or campaign in the last 10 years.\u003c/p>\n\u003cp>Phase two \u003ca href=\"https://shapecaliforniasfuture.auditor.ca.gov/example-applications/examples/supplemental.html\" target=\"_blank\" rel=\"noreferrer noopener\">includes\u003c/a> four essay questions:\u003c/p>\n\u003cul>\n\u003cli>Why they want to serve and think the commission is important\u003c/li>\n\u003cli>What it means to be impartial\u003c/li>\n\u003cli>Their appreciation for California’s diversity\u003c/li>\n\u003cli>Any relevant analytical skills they possess\u003c/li>\n\u003c/ul>\n\u003cp>Once selected, commissioners receive a $300 stipend for each day they conduct commission business, plus expenses related to their duties.\u003c/p>\n\u003cp>Applicant Caroline Farrell, a Green party member who lives in Bakersfield, has no complaints about the vetting process. As a Green Party member from a conservative part of the state, she feels she would be a fair representative of the Central Valley.\u003c/p>\n\u003cp>“The idea is to find people who can put partisan ideas to the side and think more about what districts make sense for the state,” she said. “Personally, I think it would be really interesting to learn more about the different regions in California, the different issues, the different communities, the different ways people identify themselves with the place that they live.”\u003c/p>\n\u003cp>Learn more about California’s anti-gerrymandering squad \u003ca href=\"https://shapecaliforniasfuture.auditor.ca.gov/\">here\u003c/a> and take a look at the 2010 crew \u003ca href=\"https://wedrawthelines.ca.gov/bios/\">here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org\" rel=\"noopener\" target=\"_blank\">CALmatters\u003c/a> a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11778135/california-models-how-to-banish-gerrymandering-and-why-thats-so-hard","authors":["byline_news_11778135"],"programs":["news_72"],"categories":["news_8","news_13"],"tags":["news_332","news_20682","news_282"],"affiliates":["news_18481"],"featImg":"news_11778139","label":"source_news_11778135"},"news_11757598":{"type":"posts","id":"news_11757598","meta":{"index":"posts_1591205157","site":"news","id":"11757598","score":null,"sort":[1561647643000]},"guestAuthors":[],"slug":"supreme-court-rules-partisan-gerrymandering-is-beyond-the-reach-of-federal-courts","title":"Supreme Court Rules Partisan Gerrymandering Is Beyond the Reach of Federal Courts","publishDate":1561647643,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cstrong>Updated 11:16 a.m. ET\u003c/strong>\u003c/p>\n\u003cp>In a 5-4 decision along traditional conservative-liberal ideological lines, the Supreme Court ruled that partisan redistricting is a political question, not reviewable by federal courts and can't judge if extreme gerrymandering violates the constitution. \u003c/p>\n\u003cp>The ruling puts the onus on the legislative branch, and on individual states, to police redistricting efforts.\u003c/p>\n\u003cp>\"We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,\" Chief Justice Roberts wrote for the conservative majority. \"Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.\"\u003c/p>\n\u003cp>Roberts noted that excessive partisanship in the drawing of districts does lead to results that \"reasonably seem unjust,\" but he said that does not mean it is the court's responsibility to find a solution. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Now just two years away from the redrawing of new districts at the start of the next decade, legislators in states that have control of all levels of governments after the 2020 election may feel emboldened by the ruling, said Justin Levitt, an election law professor at Loyola Law School. \u003c/p>\n\u003cp>\"We are in Mad Max territory now, there are no rules,\" Levitt said. \"I think you'll see more legislators in more states [where there is unilateral control] taking up the mantle of extreme partisan aggression against people who disagree with them.\"\u003c/p>\n\u003cp>The court's ruling came in two cases. In Maryland, Democrats who controlled the state legislature drew new lines for congressional districts to eliminate one of the state's two GOP seats in the U.S. House of Representatives; and in North Carolina, where Republicans controlled the state legislature, they used the same tactics to isolate and limit Democratic power, and maximize their own.\u003c/p>\n\u003cp>Levitt emphasized that the issue isn't an partisan one. While Republicans have benefited most from the practice in recent years, that's mostly due to their success capturing statehouses in the 2010 election.\u003c/p>\n\u003cp>\"This is emphatically not a specifically Republican problem,\" Levitt said. \"History has shown that both major parties are perfectly willing to rig the electoral rules to benefit their own, and to draw the lines to punish opposing partisans.\"\u003c/p>\n\u003cp>Groups on all sides agreed that Thursday's decision means that state-level victories will determine the future of electoral maps. \u003c/p>\n\u003cp>\"The Supreme Court's decision has made one thing clear: The only way we'll end partisan gerrymandering is by voting Republicans out of power in state legislatures,\" said Jessica Post, executive director the Democratic Legislative Campaign Committee, which focuses on helping Democrats win statehouse races. \u003c/p>\n\u003cp>Austin Chambers, the president of the Republican State Leadership Committee, echoed that point, saying his group would \"do everything we can to ensure we win the legislative and judicial elections needed for fair and accurate redistricting.\" \u003c/p>\n\u003cp>\u003cstrong>Kavanaugh changed the Court's debate\u003c/strong>\u003c/p>\n\u003cp>Prior to Justice Brett Kavanaugh's appointment to the Supreme Court, Justice Anthony Kennedy was the swing vote on this issue. He seemed open to limiting partisan redistricting if the court was presented with a \"manageable standard.\" But with Kavanaugh on the court, the search for that standard is over. \u003c/p>\n\u003cp>\"Technology is both a threat and a promise,\" Kennedy has written in a prior case, noting that with the advent of computer technology, the temptation to leverage partisan advantage would \"only grow\" — unless constrained by the courts. \u003c/p>\n\u003cp>That temptation was clear in North Carolina. Although voters in the state are split roughly equally between Republicans and Democrats, the Republican-controlled state legislature openly drew congressional district lines to maximize their partisan advantage. \u003c/p>\n\u003cp>As Republican David Lewis, the chairman of the state legislature's redistricting committee, \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/03/ralph-hise-and-david-lewis-nc-gerrymandering/585619/\">put it\u003c/a>, \"I propose we draw the maps to give an advantage to 10 Republicans and 3 Democrats, because I do not believe it is possible to draw a map with 11 Republicans and 2 Democrats.\"\u003c/p>\n\u003cp>Republicans managed to both maximize their advantage and minimize Democratic power by drawing district lines to pack as many Democrats as possible into three districts, and then cracking other potentially Democratic districts in half or thirds, diluting the Democratic vote to create safe Republican districts.\u003c/p>\n\u003cp>The League of Women Voters, one of the challengers in the case, pointed out that the GOP had even split predominantly Democratic Greensboro so that half of the dorms at historically black North Carolina A&T State University were put in one Republican district, and half in another. \u003c/p>\n\u003cp>Adding another twist to the North Carolina case is \u003ca href=\"https://www.npr.org/2019/06/06/730260511/redistricting-gurus-hard-drives-could-mean-legal-political-woes-for-gop\">the recent unearthing of hard drives\u003c/a> belonging to Republican redistricting expert Dr. Thomas Hofeller, who drew the original 2016 map for the GOP. This month those challenging the redistricting map filed papers in the lower courts, alleging that Hofeller's own words on his hard drive demonstrate that North Carolina Republicans used deceptive and improper tactics in their redistricting efforts.\u003c/p>\n\u003cp>In a 2016 case, the Supreme Court struck down the GOP redistricting map as an unconstitutional racial gerrymander. Those maps were nonetheless used in the 2018 election because Republican lawmakers told the lower courts that they had not done any preparation to redraw the maps, and would need considerable time to do so.\u003c/p>\n\u003cp>The newly discovered Hofeller hard drive, however, contains amended Senate and House maps that were nearly complete more than a year before the 2018 elections, according to documents filed by the plaintiffs suing to overturn the maps.\u003c/p>\n\u003cp>In addition, despite the prohibition on using racial data in redistricting, Dr. Hofeller included \"the racial composition of the proposed districts for each and every iteration of his draft maps,\" according to the challengers. They argue that these files indicate that North Carolina Republicans misled the lower courts in order to continue using a map in 2018 that was unconstitutionally gerrymandered along racial lines. \u003c/p>\n\u003cp>Republicans deny the charges, dismissing Dr. Hofeller's drafts as \"play maps\" done on personal time.\u003c/p>\n\u003cp>There was similar evidence of partisanship in the drawing of Maryland's lines, where former governor \u003ca href=\"https://www.baltimoresun.com/politics/bs-md-redistricting-setup-20190325-story.html\">Martin O'Malley testified\u003c/a> that the 6th district in question was drawn to \"create a district where the people would be more likely to elect a Democrat than a Republican, yes, this was clearly my intent.\"\u003c/p>\n\u003cp>Justice Elena Kagan, writing for the court's four liberals, noted in an impassioned dissent: \"Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\n","blocks":[],"excerpt":"The U.S. Supreme Court says partisan redistricting is a political question, not one that federal courts can weigh in on.","status":"publish","parent":0,"modified":1561651578,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1136},"headData":{"title":"Supreme Court Rules Partisan Gerrymandering Is Beyond the Reach of Federal Courts | KQED","description":"The U.S. Supreme Court says partisan redistricting is a political question, not one that federal courts can weigh in on.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court Rules Partisan Gerrymandering Is Beyond the Reach of Federal Courts","datePublished":"2019-06-27T15:00:43.000Z","dateModified":"2019-06-27T16:06:18.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11757598 https://ww2.kqed.org/news/?p=11757598","disqusUrl":"https://ww2.kqed.org/news/2019/06/27/supreme-court-rules-partisan-gerrymandering-is-beyond-the-reach-of-federal-courts/","disqusTitle":"Supreme Court Rules Partisan Gerrymandering Is Beyond the Reach of Federal Courts","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Mandel Ngan","nprByline":"\u003cstrong>Nina Totenberg, Domenico Montanaro and Miles Parks\u003cbr />NPR\u003c/strong>","nprImageAgency":"AFP/Getty Images","nprStoryId":"731847977","nprApiLink":"http://api.npr.org/query?id=731847977&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/06/27/731847977/supreme-court-rules-partisan-gerrymandering-is-beyond-the-reach-of-federal-court?ft=nprml&f=731847977","nprRetrievedStory":"1","nprPubDate":"Thu, 27 Jun 2019 11:37:00 -0400","nprStoryDate":"Thu, 27 Jun 2019 10:17:43 -0400","nprLastModifiedDate":"Thu, 27 Jun 2019 11:37:02 -0400","path":"/news/11757598/supreme-court-rules-partisan-gerrymandering-is-beyond-the-reach-of-federal-courts","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 11:16 a.m. ET\u003c/strong>\u003c/p>\n\u003cp>In a 5-4 decision along traditional conservative-liberal ideological lines, the Supreme Court ruled that partisan redistricting is a political question, not reviewable by federal courts and can't judge if extreme gerrymandering violates the constitution. \u003c/p>\n\u003cp>The ruling puts the onus on the legislative branch, and on individual states, to police redistricting efforts.\u003c/p>\n\u003cp>\"We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,\" Chief Justice Roberts wrote for the conservative majority. \"Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.\"\u003c/p>\n\u003cp>Roberts noted that excessive partisanship in the drawing of districts does lead to results that \"reasonably seem unjust,\" but he said that does not mean it is the court's responsibility to find a solution. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Now just two years away from the redrawing of new districts at the start of the next decade, legislators in states that have control of all levels of governments after the 2020 election may feel emboldened by the ruling, said Justin Levitt, an election law professor at Loyola Law School. \u003c/p>\n\u003cp>\"We are in Mad Max territory now, there are no rules,\" Levitt said. \"I think you'll see more legislators in more states [where there is unilateral control] taking up the mantle of extreme partisan aggression against people who disagree with them.\"\u003c/p>\n\u003cp>The court's ruling came in two cases. In Maryland, Democrats who controlled the state legislature drew new lines for congressional districts to eliminate one of the state's two GOP seats in the U.S. House of Representatives; and in North Carolina, where Republicans controlled the state legislature, they used the same tactics to isolate and limit Democratic power, and maximize their own.\u003c/p>\n\u003cp>Levitt emphasized that the issue isn't an partisan one. While Republicans have benefited most from the practice in recent years, that's mostly due to their success capturing statehouses in the 2010 election.\u003c/p>\n\u003cp>\"This is emphatically not a specifically Republican problem,\" Levitt said. \"History has shown that both major parties are perfectly willing to rig the electoral rules to benefit their own, and to draw the lines to punish opposing partisans.\"\u003c/p>\n\u003cp>Groups on all sides agreed that Thursday's decision means that state-level victories will determine the future of electoral maps. \u003c/p>\n\u003cp>\"The Supreme Court's decision has made one thing clear: The only way we'll end partisan gerrymandering is by voting Republicans out of power in state legislatures,\" said Jessica Post, executive director the Democratic Legislative Campaign Committee, which focuses on helping Democrats win statehouse races. \u003c/p>\n\u003cp>Austin Chambers, the president of the Republican State Leadership Committee, echoed that point, saying his group would \"do everything we can to ensure we win the legislative and judicial elections needed for fair and accurate redistricting.\" \u003c/p>\n\u003cp>\u003cstrong>Kavanaugh changed the Court's debate\u003c/strong>\u003c/p>\n\u003cp>Prior to Justice Brett Kavanaugh's appointment to the Supreme Court, Justice Anthony Kennedy was the swing vote on this issue. He seemed open to limiting partisan redistricting if the court was presented with a \"manageable standard.\" But with Kavanaugh on the court, the search for that standard is over. \u003c/p>\n\u003cp>\"Technology is both a threat and a promise,\" Kennedy has written in a prior case, noting that with the advent of computer technology, the temptation to leverage partisan advantage would \"only grow\" — unless constrained by the courts. \u003c/p>\n\u003cp>That temptation was clear in North Carolina. Although voters in the state are split roughly equally between Republicans and Democrats, the Republican-controlled state legislature openly drew congressional district lines to maximize their partisan advantage. \u003c/p>\n\u003cp>As Republican David Lewis, the chairman of the state legislature's redistricting committee, \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/03/ralph-hise-and-david-lewis-nc-gerrymandering/585619/\">put it\u003c/a>, \"I propose we draw the maps to give an advantage to 10 Republicans and 3 Democrats, because I do not believe it is possible to draw a map with 11 Republicans and 2 Democrats.\"\u003c/p>\n\u003cp>Republicans managed to both maximize their advantage and minimize Democratic power by drawing district lines to pack as many Democrats as possible into three districts, and then cracking other potentially Democratic districts in half or thirds, diluting the Democratic vote to create safe Republican districts.\u003c/p>\n\u003cp>The League of Women Voters, one of the challengers in the case, pointed out that the GOP had even split predominantly Democratic Greensboro so that half of the dorms at historically black North Carolina A&T State University were put in one Republican district, and half in another. \u003c/p>\n\u003cp>Adding another twist to the North Carolina case is \u003ca href=\"https://www.npr.org/2019/06/06/730260511/redistricting-gurus-hard-drives-could-mean-legal-political-woes-for-gop\">the recent unearthing of hard drives\u003c/a> belonging to Republican redistricting expert Dr. Thomas Hofeller, who drew the original 2016 map for the GOP. This month those challenging the redistricting map filed papers in the lower courts, alleging that Hofeller's own words on his hard drive demonstrate that North Carolina Republicans used deceptive and improper tactics in their redistricting efforts.\u003c/p>\n\u003cp>In a 2016 case, the Supreme Court struck down the GOP redistricting map as an unconstitutional racial gerrymander. Those maps were nonetheless used in the 2018 election because Republican lawmakers told the lower courts that they had not done any preparation to redraw the maps, and would need considerable time to do so.\u003c/p>\n\u003cp>The newly discovered Hofeller hard drive, however, contains amended Senate and House maps that were nearly complete more than a year before the 2018 elections, according to documents filed by the plaintiffs suing to overturn the maps.\u003c/p>\n\u003cp>In addition, despite the prohibition on using racial data in redistricting, Dr. Hofeller included \"the racial composition of the proposed districts for each and every iteration of his draft maps,\" according to the challengers. They argue that these files indicate that North Carolina Republicans misled the lower courts in order to continue using a map in 2018 that was unconstitutionally gerrymandered along racial lines. \u003c/p>\n\u003cp>Republicans deny the charges, dismissing Dr. Hofeller's drafts as \"play maps\" done on personal time.\u003c/p>\n\u003cp>There was similar evidence of partisanship in the drawing of Maryland's lines, where former governor \u003ca href=\"https://www.baltimoresun.com/politics/bs-md-redistricting-setup-20190325-story.html\">Martin O'Malley testified\u003c/a> that the 6th district in question was drawn to \"create a district where the people would be more likely to elect a Democrat than a Republican, yes, this was clearly my intent.\"\u003c/p>\n\u003cp>Justice Elena Kagan, writing for the court's four liberals, noted in an impassioned dissent: \"Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11757598/supreme-court-rules-partisan-gerrymandering-is-beyond-the-reach-of-federal-courts","authors":["byline_news_11757598"],"categories":["news_6188","news_8","news_13"],"tags":["news_20682","news_1172"],"featImg":"news_11757599","label":"source_news_11757598"},"news_11363995":{"type":"posts","id":"news_11363995","meta":{"index":"posts_1591205157","site":"news","id":"11363995","score":null,"sort":[1490022339000]},"guestAuthors":[],"slug":"to-make-voters-care-about-gerrymandering-cast-it-as-action-thriller-villain","title":"To Make Voters Care About Gerrymandering, Cast It as Action Thriller Villain?","publishDate":1490022339,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Grab a powerful political tool that few voters understand. Plan to fight in courts, statehouses and ballot boxes. Add an infusion of celebrity and more than a dash of cash.\u003c/p>\n\u003cp>It’s a recipe some activists are trying as they work to export to other states California’s model for drawing political lines -- a change that ultimately could shake up Congress and the domination Republicans now enjoy.\u003c/p>\n\u003cp>Having collaborated to create California’s nonpartisan system for setting political boundaries nearly a decade ago, former Republican Gov. Arnold Schwarzenegger and the government watchdog group Common Cause are now teaming up to try to overhaul how political maps are drawn in several other large states.\u003c/p>\n\u003cp>They’re supporting ballot measures in Ohio, Michigan and Missouri; helping with lawsuits in Wisconsin, North Carolina and Maryland; and lobbying legislatures in Pennsylvania, Georgia and Texas. The details vary in each state, but the overarching similarity is an attack on partisan gerrymandering in favor of a system more like California’s, which has removed a lot of the politics from the process of setting boundaries for legislative and congressional districts.\u003c/p>\n\u003cp>“The states that are thinking about these big changes are critical on the electoral map,” said Kathay Feng, director of the national redistricting effort at Common Cause. “These are all states where just in 2016 ... big battles were going on.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The process for carving states into political districts is called “redistricting,” and while it may sound like a painfully boring word, it’s actually a potent political weapon. Drawing up the maps strikes at the bedrock of democracy: It influences how well elected officials represent their communities. That’s because regions can be divided in ways that dilute the concentration of Republicans or Democrats, giving one party more power than it deserves based on its proportional share of the voters.\u003c/p>\n\u003cp>In North Carolina, the advocates note, 47 percent of the votes for Congress last year went to Democratic candidates -- but Democrats won only 23 percent of that state’s seats. In Maryland, it was the reverse: Republican candidates for Congress won 35 percent of the votes, but less than 13 percent of the seats.\u003c/p>\n\u003cp>In those states, like most across the country, the party that holds power in the state legislature gets to set the boundaries for congressional districts. Supporters of independent redistricting say the system creates an inherently politicized process, where maps are drawn to continue to benefit the party in power. Critics of the independent system say elected lawmakers -- unlike independent commissioners -- are accountable to voters and can be thrown out of office if people grow unhappy with how they draw the maps.\u003c/p>\n\u003cfigure id=\"attachment_11364186\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003cimg class=\"size-full wp-image-11364186\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/03/REDISTRICTING-Illustration-.jpg\" alt=\"Gerrymandering explained.\" width=\"720\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration-.jpg 720w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--160x128.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--240x192.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--375x300.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--520x416.jpg 520w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Gerrymandering explained. \u003ccite>(Steven Nass/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, voters passed ballot measures in 2008 and 2010 that took power to draw political maps away from the Legislature and handed it to an independent citizens \u003ca href=\"http://wedrawthelines.ca.gov/commission.html\" target=\"_blank\">commission\u003c/a> made up of five Democrats, five Republicans and four people not affiliated with a major party. Politicians, lobbyists and campaign donors are not eligible to serve on the commission. California is the only state that’s removed politicians from the map-drawing process, though 15 other states have taken the authority away from the Legislature.\u003c/p>\n\u003cp>The change in California has benefited Democrats -- they’ve picked up five seats in Congress in the last decade and won a supermajority in both houses of the state Legislature. That’s because the old maps were drawn to favor incumbents from both parties, and the new maps create more competition, said Eric McGhee, a researcher with the Public Policy Institute of California. More Democrats have been elected, he said, because the districts mirror the growing share of Democratic voters in the state.\u003c/p>\n\u003cp>“The plan is basically fair,” McGhee said. “The commission drew the lines to reflect the way the state had changed.”\u003c/p>\n\u003cp>Schwarzenegger is touting the California model -- and urging change in other states -- in a series of kitschy social media videos designed to maximize his movie star appeal. Using clips from his early films and a smattering of foul language, the videos are trying to make an arcane subject relevant to the masses.\u003c/p>\n\u003cp>“We’ve proven that gerrymandering can be permanently terminated,” the “Terminator” star says in one \u003ca href=\"https://www.facebook.com/attn/videos/1285232444845545/?hc_location=ufi\" target=\"_blank\">video\u003c/a>. “Tell your leaders to let the people decide who should draw their maps,” he says in \u003ca href=\"https://www.facebook.com/attn/videos/1292839037418219/?hc_ref=PAGES_TIMELINE\" target=\"_blank\">another\u003c/a>. “Hint: Not them.”\u003c/p>\n\u003cp>Schwarzenegger’s advocacy for the nonpartisan system marks a break from many others in the GOP. Republicans sued in 2011 to block California’s approach, but their case was \u003ca href=\"http://blogs.findlaw.com/california_case_law/2011/10/california-republicans-lose-redistricting-plan-challenges.html\" target=\"_blank\">thrown out\u003c/a> by the courts. Jim Brulte, who heads the California Republican Party, said independent redistricting is good “in concept,” but not the way it’s played out in California.\u003c/p>\n\u003cp>“There were flat-out Democrat operatives on the commission in California that managed to get through the so-called independent process,” Brulte said. “So not everything that looks good on paper turns out the way it should.”\u003c/p>\n\u003cp>Nationally, Republicans have pursued a partisan approach to setting district boundaries that has been very successful. After Barack Obama was first elected president in 2008, Republicans crafted a strategy to win control of state legislatures. It worked. The GOP now controls \u003ca href=\"http://www.ncsl.org/research/about-state-legislatures/partisan-composition.aspx\" target=\"_blank\">32 statehouses\u003c/a>, while Democrats wield power in 14. Because in most states the congressional lines are drawn by state legislatures, this state-capitol control has translated to growing Republican domination in Congress.\u003c/p>\n\u003cp>Democrats, beset by defeat in the presidential race last year and weakened by minority positions in both houses of Congress, are now crafting their own \u003ca href=\"https://democraticredistricting.com/\" target=\"_blank\">campaign\u003c/a> to redraw political maps. Obama has said he wants to make redistricting a priority in his years after leaving office, and his former Attorney General Eric Holder is now \u003ca href=\"https://www.nytimes.com/2017/01/11/us/eric-holder-to-lead-democrats-attack-on-republican-gerrymandering.html?_r=0\" target=\"_blank\">leading\u003c/a> the Democratic effort to be better positioned when lines are redrawn in 2021.\u003c/p>\n\u003cp>Both the Democratic campaign and the nonpartisan Common Cause effort will need serious money to put initiatives on the ballot and fight lengthy battles in court. And that is where California—home to many \u003ca href=\"https://calmatters.org/articles/hey-big-spenders-three-multimillionaires-stake-a-claim-on-your-state-ballot/\" target=\"_blank\">politically active billionaires\u003c/a> -- is also likely to come into play.\u003c/p>\n\u003cp>Feng, the Common Cause director, said she’s in early talks with Republican donor Charles Munger Jr., who \u003ca href=\"http://www.nytimes.com/2010/10/08/us/08bcredistrict.html\" target=\"_blank\">bankrolled\u003c/a> the ballot measures that created independent redistricting in California, and Democratic donor Tom Steyer, who has funded a variety of liberal initiatives. (Neither one has committed.) Schwarzenegger aide Bonnie Reiss said the former governor plans to raise money for the effort, as well as donate some of his own.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Former Republican Gov. Arnold Schwarzenegger and the government watchdog group Common Cause are now teaming up to try to overhaul how political maps are drawn in several other large states.","status":"publish","parent":0,"modified":1490056835,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1127},"headData":{"title":"To Make Voters Care About Gerrymandering, Cast It as Action Thriller Villain? | KQED","description":"Former Republican Gov. Arnold Schwarzenegger and the government watchdog group Common Cause are now teaming up to try to overhaul how political maps are drawn in several other large states.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"To Make Voters Care About Gerrymandering, Cast It as Action Thriller Villain?","datePublished":"2017-03-20T15:05:39.000Z","dateModified":"2017-03-21T00:40:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11363995 https://ww2.kqed.org/news/?p=11363995","disqusUrl":"https://ww2.kqed.org/news/2017/03/20/to-make-voters-care-about-gerrymandering-cast-it-as-action-thriller-villain/","disqusTitle":"To Make Voters Care About Gerrymandering, Cast It as Action Thriller Villain?","source":"CALmatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003cstrong>\u003ca ref=\"https://calmatters.org/about/staff/laurel-rosenhall/\">Laurel Rosenhall\u003c/a>\u003cbr />\u003ca ref=\"https://calmatters.org/\">CALmatters\u003c/a>\u003c/strong>","path":"/news/11363995/to-make-voters-care-about-gerrymandering-cast-it-as-action-thriller-villain","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Grab a powerful political tool that few voters understand. Plan to fight in courts, statehouses and ballot boxes. Add an infusion of celebrity and more than a dash of cash.\u003c/p>\n\u003cp>It’s a recipe some activists are trying as they work to export to other states California’s model for drawing political lines -- a change that ultimately could shake up Congress and the domination Republicans now enjoy.\u003c/p>\n\u003cp>Having collaborated to create California’s nonpartisan system for setting political boundaries nearly a decade ago, former Republican Gov. Arnold Schwarzenegger and the government watchdog group Common Cause are now teaming up to try to overhaul how political maps are drawn in several other large states.\u003c/p>\n\u003cp>They’re supporting ballot measures in Ohio, Michigan and Missouri; helping with lawsuits in Wisconsin, North Carolina and Maryland; and lobbying legislatures in Pennsylvania, Georgia and Texas. The details vary in each state, but the overarching similarity is an attack on partisan gerrymandering in favor of a system more like California’s, which has removed a lot of the politics from the process of setting boundaries for legislative and congressional districts.\u003c/p>\n\u003cp>“The states that are thinking about these big changes are critical on the electoral map,” said Kathay Feng, director of the national redistricting effort at Common Cause. “These are all states where just in 2016 ... big battles were going on.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The process for carving states into political districts is called “redistricting,” and while it may sound like a painfully boring word, it’s actually a potent political weapon. Drawing up the maps strikes at the bedrock of democracy: It influences how well elected officials represent their communities. That’s because regions can be divided in ways that dilute the concentration of Republicans or Democrats, giving one party more power than it deserves based on its proportional share of the voters.\u003c/p>\n\u003cp>In North Carolina, the advocates note, 47 percent of the votes for Congress last year went to Democratic candidates -- but Democrats won only 23 percent of that state’s seats. In Maryland, it was the reverse: Republican candidates for Congress won 35 percent of the votes, but less than 13 percent of the seats.\u003c/p>\n\u003cp>In those states, like most across the country, the party that holds power in the state legislature gets to set the boundaries for congressional districts. Supporters of independent redistricting say the system creates an inherently politicized process, where maps are drawn to continue to benefit the party in power. Critics of the independent system say elected lawmakers -- unlike independent commissioners -- are accountable to voters and can be thrown out of office if people grow unhappy with how they draw the maps.\u003c/p>\n\u003cfigure id=\"attachment_11364186\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003cimg class=\"size-full wp-image-11364186\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/03/REDISTRICTING-Illustration-.jpg\" alt=\"Gerrymandering explained.\" width=\"720\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration-.jpg 720w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--160x128.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--240x192.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--375x300.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/03/REDISTRICTING-Illustration--520x416.jpg 520w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Gerrymandering explained. \u003ccite>(Steven Nass/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, voters passed ballot measures in 2008 and 2010 that took power to draw political maps away from the Legislature and handed it to an independent citizens \u003ca href=\"http://wedrawthelines.ca.gov/commission.html\" target=\"_blank\">commission\u003c/a> made up of five Democrats, five Republicans and four people not affiliated with a major party. Politicians, lobbyists and campaign donors are not eligible to serve on the commission. California is the only state that’s removed politicians from the map-drawing process, though 15 other states have taken the authority away from the Legislature.\u003c/p>\n\u003cp>The change in California has benefited Democrats -- they’ve picked up five seats in Congress in the last decade and won a supermajority in both houses of the state Legislature. That’s because the old maps were drawn to favor incumbents from both parties, and the new maps create more competition, said Eric McGhee, a researcher with the Public Policy Institute of California. More Democrats have been elected, he said, because the districts mirror the growing share of Democratic voters in the state.\u003c/p>\n\u003cp>“The plan is basically fair,” McGhee said. “The commission drew the lines to reflect the way the state had changed.”\u003c/p>\n\u003cp>Schwarzenegger is touting the California model -- and urging change in other states -- in a series of kitschy social media videos designed to maximize his movie star appeal. Using clips from his early films and a smattering of foul language, the videos are trying to make an arcane subject relevant to the masses.\u003c/p>\n\u003cp>“We’ve proven that gerrymandering can be permanently terminated,” the “Terminator” star says in one \u003ca href=\"https://www.facebook.com/attn/videos/1285232444845545/?hc_location=ufi\" target=\"_blank\">video\u003c/a>. “Tell your leaders to let the people decide who should draw their maps,” he says in \u003ca href=\"https://www.facebook.com/attn/videos/1292839037418219/?hc_ref=PAGES_TIMELINE\" target=\"_blank\">another\u003c/a>. “Hint: Not them.”\u003c/p>\n\u003cp>Schwarzenegger’s advocacy for the nonpartisan system marks a break from many others in the GOP. Republicans sued in 2011 to block California’s approach, but their case was \u003ca href=\"http://blogs.findlaw.com/california_case_law/2011/10/california-republicans-lose-redistricting-plan-challenges.html\" target=\"_blank\">thrown out\u003c/a> by the courts. Jim Brulte, who heads the California Republican Party, said independent redistricting is good “in concept,” but not the way it’s played out in California.\u003c/p>\n\u003cp>“There were flat-out Democrat operatives on the commission in California that managed to get through the so-called independent process,” Brulte said. “So not everything that looks good on paper turns out the way it should.”\u003c/p>\n\u003cp>Nationally, Republicans have pursued a partisan approach to setting district boundaries that has been very successful. After Barack Obama was first elected president in 2008, Republicans crafted a strategy to win control of state legislatures. It worked. The GOP now controls \u003ca href=\"http://www.ncsl.org/research/about-state-legislatures/partisan-composition.aspx\" target=\"_blank\">32 statehouses\u003c/a>, while Democrats wield power in 14. Because in most states the congressional lines are drawn by state legislatures, this state-capitol control has translated to growing Republican domination in Congress.\u003c/p>\n\u003cp>Democrats, beset by defeat in the presidential race last year and weakened by minority positions in both houses of Congress, are now crafting their own \u003ca href=\"https://democraticredistricting.com/\" target=\"_blank\">campaign\u003c/a> to redraw political maps. Obama has said he wants to make redistricting a priority in his years after leaving office, and his former Attorney General Eric Holder is now \u003ca href=\"https://www.nytimes.com/2017/01/11/us/eric-holder-to-lead-democrats-attack-on-republican-gerrymandering.html?_r=0\" target=\"_blank\">leading\u003c/a> the Democratic effort to be better positioned when lines are redrawn in 2021.\u003c/p>\n\u003cp>Both the Democratic campaign and the nonpartisan Common Cause effort will need serious money to put initiatives on the ballot and fight lengthy battles in court. And that is where California—home to many \u003ca href=\"https://calmatters.org/articles/hey-big-spenders-three-multimillionaires-stake-a-claim-on-your-state-ballot/\" target=\"_blank\">politically active billionaires\u003c/a> -- is also likely to come into play.\u003c/p>\n\u003cp>Feng, the Common Cause director, said she’s in early talks with Republican donor Charles Munger Jr., who \u003ca href=\"http://www.nytimes.com/2010/10/08/us/08bcredistrict.html\" target=\"_blank\">bankrolled\u003c/a> the ballot measures that created independent redistricting in California, and Democratic donor Tom Steyer, who has funded a variety of liberal initiatives. (Neither one has committed.) Schwarzenegger aide Bonnie Reiss said the former governor plans to raise money for the effort, as well as donate some of his own.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11363995/to-make-voters-care-about-gerrymandering-cast-it-as-action-thriller-villain","authors":["byline_news_11363995"],"programs":["news_6944","news_72"],"categories":["news_8","news_13"],"tags":["news_20682","news_17286","news_17041"],"affiliates":["news_18481"],"featImg":"news_11342867","label":"source_news_11363995"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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