Gerrymandering/Redistricting

On Thursday, October 27 at 1 p.m. EST, Common Cause and the Southern Coalition for Social Justice will hold a media briefing to discuss the legal arguments and strategy behind the fight to defend our democracy in Moore v. Harper.

Luttig, undeterred, praised his new legal bedfellows. “I’m honored to be co-counsel representing Common Cause in Moore v. Harper,” he told me. He described Katyal as a “dear friend,” and “one of the very finest Supreme Court advocates and originalist constitutional scholars in the country today.” As for the case, Luttig said, “Common Cause and the other respondents are not only on the side of the Constitution of the United States—they are also on the side of the angels.” 

Common Cause and Southern Coalition for Social Justice filed their Supreme Court brief upholding the role of checks and balances in elections.

The main reason behind the fight over assets, said Jonathan Mehta Stein of California Common Cause, is the political benefits they can bring to a council member. “It all goes back to campaign fundraising and building power,” said Stein, who is the group’s executive director. Those benefits are twofold, Stein said. First, having a business or commercial hub in your district puts you in contact with business owners who want to curry favor with you, which translates into campaign donations. And second, having a significant asset such as a major event space or a high-profile business gives you opportunities to hobnob with VIPs and powerful state figures. “You’re building your networks; you’re building your Rolodex,” developing social cachet that will come in handy when you’re running for higher office, he said. What the call revealed was council members “trying to build the political power of one racial or ethnic group at the expense of another,” Stein said. “But their own interest in the future of their political careers was also at play amid all the racism. ... When they’re trying to secure economic assets in their districts or their friends’ districts, they are trying to secure a glide path to more power, more influence and higher office for themselves and their friends.”

“Our government will be run by and for the politicians, not the people,” said Suzanne Almeida, Common Cause’s director of state operations, during a Wednesday conference call with reporters. “The danger is not just that partisan political leaders will handpick winners and losers … It’s that we the people will no longer have a fully representative government.”

The court’s decision in Rucho v. Common Cause barred federal court challenges to partisan gerrymanders. Writing for the 5-4 majority, Chief Justice John Roberts said it was not an issue for the federal judiciary to decide, but emphasized the ruling did not “condemn complaints about districting to echo into a void.” In fact, the issue was being actively addressed at the state level, Roberts wrote. He cited Florida’s amendment and one of Pariente’s opinions. Responding to liberal justices who wanted to reject Rucho’s map as an unconstitutional gerrymander, Roberts wrote they could not because “there is no ‘Fair Districts Amendment’ to the Federal Constitution.”