by Ugh
Today teh SCOTUS granted cert in a case that may address the question of how to measure when the Constitutional standard of "one person, one vote" for drawing Congressional districts is satisfied. (some SCOTUSblog coverage here)
The "one person, one vote" standard stems from Reynolds v. Sims, striking down unequally populated Congressional districts in...Alabama (surprise!). But the Court did not state what the proper measure should be, rather just that it be reasonable. Thus, as SCOTUSblog notes:
The usual choice considered by legislatures is to make districts more or less equal by dividing up shares of the state’s total population, or, as an alternative, to draw lines based upon some measure of the voting members of the population — such as the numbers actually registered to vote.
The new case argues that if a State draws districts based on population, but that results in a sufficient disparity in terms of voting age population (or perhaps registered or even eligible voters), then population cannot be used. For example, if if 80% of District A's voters residents were 18 years old or older, but only 60% of District B's voters residents were of that age, those district boundaries would be unconstitutional because the voting power of those in District A is less than those in District B.
Or, say, if 50% of District A's population is made up of "eligible voters" and only 35% of District B - say because the latter has a large population of undocumented immigrants - then this is equally unconstitutional.
So, you can see where this may be going. Unsurprisingly, behind this litigation, is "The Project on Fair Representation is funding the lawsuit filed by two Texas residents. The group opposes racial and ethnic classifications and has been behind Supreme Court challenges to affirmative action and the federal Voting Rights Act."
Not that that makes their legal argument any less persuasive. In fact, it does seem kind of unfair if my district has 300,000 eligible voters and the next district over only has 200,000, even if the population of each is the same. On the other hand, I'm not sure drawing districts based on "eligible" voters or voting age population is any fairer, since both criteria can and will change over time. Population at least seems less susceptible to manipulation.
But I guess we'll find out sometime between now and June 2016, hooray!
Update: Just to note that this challenge is to state legislative districts, not Congressional ones, but I'm not sure it wouldn't apply to the latter.
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