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Liberty News ForumLNF Forums HerePolitical Opinion Page - The Hot Seat › Federal court voids North Carolina’s GOP-drawn congressional map
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Very Hot Topic (More than 25 Replies) Federal court voids North Carolina’s GOP-drawn congressional map (Read 980 times)
Demos
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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #10 - Jan 10th, 2018 at 2:28pm
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Wadsworth wrote on Jan 10th, 2018 at 1:59pm:
The court does not allow gerrymandering for partisan gain

Actually, partisan gerrymandering has been allowed. Whether or not it will continue to be will be decided in the Wisconsin case.
  
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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #11 - Jan 10th, 2018 at 3:21pm
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Demos wrote on Jan 10th, 2018 at 2:28pm:
Actually, partisan gerrymandering has been allowed. Whether or not it will continue to be will be decided in the Wisconsin case.

It has been allowed because it was never challenged in court..  Now it has and the court rules against gerrymandering for political gain.
  

TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."


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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #12 - Jan 10th, 2018 at 3:23pm
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Wadsworth wrote on Jan 10th, 2018 at 3:21pm:
It has been allowed because it was never challenged in court.

It has been challenged in court; the SCOTUS has just never ruled whether its unconstitutional. 

  
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Harrys Sockpuppet4335
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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #13 - Jan 10th, 2018 at 3:23pm
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Wadsworth wrote on Jan 10th, 2018 at 3:21pm:
It has been allowed because it was never challenged in court..  Now it has and the court rules against gerrymandering for political gain.


Vieth v. Jubelirer, 541 U.S. 267 (2004), was a case heard before the United States Supreme Court. The ruling was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality decision by Justice Antonin Scalia and joined by Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas, with Justice Anthony Kennedy concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional.

https://en.wikipedia.org/wiki/Vieth_v._Jubelirer
  

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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #14 - Jan 10th, 2018 at 3:27pm
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Demos wrote on Jan 10th, 2018 at 3:23pm:
It has been challenged in court; the SCOTUS has just never ruled whether its unconstitutional. 


Quote:
The three-judge panel struck down the map and ordered the state’s General Assembly to come up with a substitute by Jan. 24.
From the article in the OP.  Whether it goes all the way to the Supreme court ... We'll see.
  

TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."


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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #15 - Jan 10th, 2018 at 3:31pm
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Wadsworth wrote on Jan 10th, 2018 at 3:27pm:
From the article in the OP.  Whether it goes all the way to the Supreme court ... We'll see.

Partisan gerrymandering cases have made it to the SCOTUS before. See the link in Harry's post. That same case and another are mentioned in the link I provided. And the Wisconsin case has already been taken up by the SCOTUS.

If you want examples of other partisan gerrymandering cases, I can get you those as well.

As stated, partisan gerrymandering has been allowed, despite legal challenges, because it hasn't been found unconstitutional by the SCOTUS. Whether or not that changes depends on the outcome of the Wisconsin case.
  
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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #16 - Jan 10th, 2018 at 3:33pm
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Harrys Sockpuppet4335 wrote on Jan 10th, 2018 at 3:23pm:
Vieth v. Jubelirer, 541 U.S. 267 (2004), was a case heard before the United States Supreme Court. The ruling was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality decision by Justice Antonin Scalia and joined by Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas, with Justice Anthony Kennedy concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional.

https://en.wikipedia.org/wiki/Vieth_v._Jubelirer

From the article you sourced

Quote:
The plurality opinion determined that partisan gerrymandering claims were nonjusticiable because there was no discernible and manageable standard for "adjudicating political gerrymandering claims." The court did not explicitly overturn its ruling in an earlier case, Davis v. Bandemer, which had found the issue of partisan gerrymandering within the judiciary's remit: five justices were unwilling to determine that partisan gerrymandering claims were nonjusticiable.
Justice Anthony Kennedy concurred with the ruling of the court to uphold the District Court's decision maintaining that cases of political gerrymandering were not justiciable. He did not, however, foreclose the possibility that judicially manageable standards for gerrymandering could be developed in future cases before the Court.
Justice John Paul Stevens, Justice David Souter, and Justice Stephen Breyer each provided dissenting opinions.


In that particular case, you are right, but in this particular case it was shown that the districts were gerrymandered for political gain.
« Last Edit: Jan 10th, 2018 at 3:42pm by Wadsworth »  

TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."


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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #17 - Jan 10th, 2018 at 3:37pm
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Demos wrote on Jan 10th, 2018 at 3:31pm:
Partisan gerrymandering cases have made it to the SCOTUS before. See the link in Harry's post. That same case and another are mentioned in the link I provided. And the Wisconsin case has already been taken up by the SCOTUS.

If you want examples of other partisan gerrymandering cases, I can get you those as well.

As stated, partisan gerrymandering has been allowed, despite legal challenges, because it hasn't been found unconstitutional by the SCOTUS. Whether or not that changes depends on the outcome of the Wisconsin case.

The difference is that you need to show proof of Gerrymandering.  This may be the case.  As I said we will see if it goes to the Supreme court, but as for now the federal judges have determined that in this case.

Quote:
While courts have invalidated redistricting plans, including ones in North Carolina, as racially discriminatory, judicial objection to gerrymandering for partisan gain is relatively new territory, with legal standards unsettled by the U.S. Supreme Court. Indeed, the court has never struck down a redistricting plan on the basis of partisan gerrymandering.

https://www.washingtonpost.com/news/morning-mix/wp/2018/01/10/federal-court-void...
  

TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."


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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #18 - Jan 10th, 2018 at 3:41pm
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Another gerrymandering case is on the docket for SCOTUS as well -- this one in Maryland.

http://www.baltimoresun.com/news/maryland/politics/blog/bs-md-redistricting-2017...

I'm particularly interested in this one, because republicans are suing over gerrymandering done by democrats.  It's a case where the republicans might win the battle but lose the war (by undermining the numerous states where they have been the dominant gerrymanderers.)
  

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Re: Federal court voids North Carolina’s GOP-drawn congressional map
Reply #19 - Jan 10th, 2018 at 3:44pm
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forgotten centrist wrote on Jan 10th, 2018 at 3:41pm:
Another gerrymandering case is on the docket for SCOTUS as well -- this one in Maryland.

http://www.baltimoresun.com/news/maryland/politics/blog/bs-md-redistricting-2017...

I'm particularly interested in this one, because republicans are suing over gerrymandering done by democrats.  It's a case where the republicans might win the battle but lose the war (by undermining the numerous states where they have been the dominant gerrymanderers.)

Yes, I am familiar with that one too.  We will see how all this goes.
  

TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."


Definition of Stupid: 
Knowing the truth, seeing evidence of truth, but still believing the lie.
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