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The Wrongologist

Geopolitics, Power and Political Economy

Partisan Gerrymandering Overturned in North Carolina

Daily Escape:

Colchuk Lake in the Enchantments, part of the Cascade Mountains, WA – August 2019 photo by atgctgtt

This summer, the Supreme Court decided 5-4 in the case Rucho v. Common Cause that federal courts could not invalidate maps based on partisan gerrymandering, although states might still do so.

At the time, Wrongo snarked about the decision:

“Wrongo’s shorter John Roberts: The federal government can’t do anything about your state stripping you of representation. You have to go back to the people who stripped you of representation and ask them.”

Despite Wrongo’s skepticism, on Tuesday, the North Carolina (NC) state Supreme Court put an end to eight years of Republican partisan gerrymandering when it ruled against NC Republicans who had installed it in 2011. From the Daily Kos (DK):

“On Tuesday, a three-judge panel delivered a major blow against Republican gerrymandering when it struck down North Carolina’s state Senate and state House districts for violating the rights of Democratic voters.”

More:

“The state court ruled that these maps, designed to entrench Republican rule, ran afoul of the state constitution’s guarantee of free and fair elections. These illegal districts were so extreme that they helped Republicans to maintain their legislative majorities in 2018’s elections even though Democratic candidates won more votes statewide. If fairer districts are implemented for 2020, they could put Democrats in striking distance of a majority in one or both chambers.”

NC’s current state-district maps had to be redrawn again in 2017, after the US Supreme Court affirmed a lower court’s ruling that they constituted an unconstitutional racial gerrymander.

Now, NC’s voters will be voting in new state election districts for the third time since 2011.

This decision is similar to one in PA in 2018, where a state court ruled that PA’s congressional map was unconstitutionally gerrymandered. It also relied on the PA state constitution, so its decision was not reviewable by the US Supreme Court.

When SCOTUS decided not to rule on the constitutionality of partisan gerrymandering, it said quite clearly that state courts could rule on the question based on the individual state constitutions. NC now joins PA as states in which this strategy has succeeded.

The NC and PA decisions are reminders that we can challenge bad laws under state constitutions. States are free to recognize more rights than those enumerated in the US Constitution, they just can’t recognize fewer rights. This is the sort of “federalism” that conservatives hope you never learn about.

More from DK:

“While this case only concerns the maps in one state, every state constitution has provisions similar to North Carolina’s that could be used to challenge partisan gerrymanders so long as there’s a receptive and fair-minded state Supreme Court majority to hear such a case. This ruling therefore underscores the importance of Supreme Court elections in key swing states next year, including Michigan, Ohio, and Wisconsin. Progressive victories in these races would go a long way toward blocking the GOP’s lopsided control over redistricting as we head into the next round of redistricting following the 2020 census.”

The NC court decision was 345 pages long. The opinion really makes it clear how there’s just no possible defense for what the GOP was doing in NC. In addition, the opinion might as well have had “John Roberts is an embarrassing hack” stamped on every page.

This doesn’t mean that Democrats can relax between here and 2020. Michigan, North Carolina, Ohio, Texas, and Wisconsin are states where 2020 state Supreme Court elections could either give Democrats a majority, or set them up to gain one in subsequent elections. That will be crucial in the next decade, since the Census will also take place in 2020. There will be new voters to count, or to disenfranchise, depending on your Party’s ideology.

This war must be won in the trenches, not by the national candidates.  Wisconsin gave us a bad example in April. Although Democrats in Wisconsin won the popular vote in 2018, they didn’t work hard enough to get their state Supreme Court nominee over the finish line in 2019, despite having a progressive plurality.

Democrats have to realize that they won’t win if they think only certain elections are important enough to get out and vote.

These battles are local, not national, and now that the US Supreme Court will be sitting on its hands for a decade or more, these are fights we must win.

Democrats can’t afford not to contest local judicial elections.

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Sunday Cartoon Blogging – December 9, 2018

Saturday morning in Paris brought Yellow Vest demonstrators and police together throughout France. You can see an English language live feed here that began at 10:00 am local time. Police used tear gas and arrested hundreds. The NYT carried this picture:

This could get rough. It seems that the anger is very intense. Macron responded with too little, too late. In the live feed, most people wearing the Yellow Vests yell that they want him to step down. On to cartoons.

The George HW Bush funeral created bi-partisan agreement:

This week there was also a funeral for our 401k’s:

The American Dream has been redefined:

Trump helps paint Muller’s office floor:

Trump’s house maid admits she’s an illegal. Double standard follows:

GOP stuffed ballots in NC’s Ninth Congressional District. Election fraud is real, my friends:

Tariff Man was seen flying over the economy:

 

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Monday Wake Up Call – June 18, 2018

The Daily Escape:

Doe Crossing Housatonic River, Litchfield County CT – June 2018 photo by JH Cleary

Now that the Supreme Court’s decision allowing Ohio Republicans to purge voter rolls solely on the basis of not voting, North Carolina Republicans have wasted no time trying to stop groups that vote Democratic from being allowed to cast ballots ahead of midterms: (emphasis by Wrongo)

The last time Republicans in the North Carolina Legislature enacted a law making it harder for some of the state’s residents to vote, a federal court said the statute targeted African-American voters “with almost surgical precision,” and threw it out.

That was last year. Now the legislators are back with a new set of election proposals, and an unconventional plan to make them stick:

Shortly before midnight on Wednesday, Republican Senators unveiled legislation that would eliminate the final Saturday of early voting in state elections, a day that typically draws a large share of black voters to the polls. That followed a Republican proposal last week to place a constitutional amendment on the November ballot that would require all voters to display a photo ID before casting votes.

In addition, party leaders say they are preparing a constitutional amendment that would curb the power of the Democratic governor, Roy Cooper, over the state board that controls election procedures.

Since Republicans swept into power in 2010, controlling both the North Carolina Legislature and the governorship, the state has become ground zero for struggles over tightening election rules and weakening voting rights.

Democrats have recently made gains in the state, most notably with Mr. Cooper’s win of the governorship in 2016. That doesn’t mean the Republicans aren’t still trying to suppress votes. More from the NYT:

This time, however, the party’s tactics have changed. The voter ID amendment would require approval by citizens as well as legislators. The final Saturday of voting has been popular — nearly 200,000 citizens voted on that day in 2016 — and African-Americans turned out at a rate 40 percent greater than their share of the electorate. But the bill to eliminate that Saturday would apportion those lost hours among other early voting days, so the total hours of polling would not change.

Look for more states to adopt the tactic of putting voter suppression efforts into state constitutions the same way Republicans did with gay marriage 15 years ago. The Republicans are willing to be transparent about disenfranchising everyone who isn’t inclined to vote for them.

The Republicans know that about half the country doesn’t like their ideas, which is why they are trying to suppress voting. If they get their way, their messaging will appeal to everyone who still has the vote.

Maybe it’s time Democrats are brutally honest about what they are doing. Maybe Democratic candidates need to start by saying:

I plan to make it as easy to vote as possible. I want every eligible voter at the polls, no matter what we have to do

Time to wake up America, your voting rights are under attack by the Republican Party and the John Roberts court. To help you wake up, here is Twisted Sister with their only top 40 hit, 1984’s “I’m Not Gonna Take It

During this year’s teachers’ strikes, the song was used as a rallying cry by teachers striking in Arizona.

Those who read the Wrongologist in email can view the video here.

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