Communication 09 How To draw Redistricting Plans That Will Stand Up In Court

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In the 2000s, 17 states drew congressional plans with an overall person, and 12 more drew plans with an overall range of two to t SeeRedistricting Law 2010, table 3, Population Equality of 2000s Districts, <www.senate.leg.state.mn.us/departments/scr/redist/red2010/table_>. If you cant draw congressional districts that are mathematicall assume that others cant. Assume that you risk having your plan by another with a lower overall range. 2.Unless Necessary to Achieve Some Legitimate State Objective Even if a challenger is able to draw a congressional plan with a yours, you may still be able to save your plan if you can show t the ideal was necessary to achieve some legitimate state object Karcher v. Daggett,462 U.S. 725, 740 (1983). As Justice Brennan, writing for the 5-4 majority in Karcher v. Daggett, said: Any number of consistently applied legislative policies might ju including, for instance, making districts compact, respecting mu preserving the cores of prior districts, and avoiding contests b Representatives . . . . The State must, however, show with some particular objective required the specific deviations in its pla relying on general assertions . . . . By necessity, whether dev requires case-by-case attention to these factors. 462 U.S. at 740-41. If you intend to rely on these legitimate state objectives to any degree of population inequality in a congressional plan, you would be well advised to advance, follow them consistently, and be prepared to show that objectives in each district with districts that had a smaller deviation from the ideal. In the 1990s, Arkansas, Maryland, and West Virginia were all abl congressional plans drawn by the legislature were challenged in SeeTurner v. Arkansas, 784 F.Supp. 585 (E.D. Ark. 1991); Anne Arundel County Republican Cent. Committee v. State Administrative Bd. of Election Laws, 781 F. Supp. 394 (D. Md. 1991); Stone v. Hechler, 782 F. Supp. 1116 (W.D. W.Va. 1992). In the 2000s, Georgia, Kansas, and West Virginia withstood equal their congressional plans, see Larios v. Cox, 300 F. Supp.2d 1320 (N.D. Ga. 2004), affd, 542 U.S.947 (2004) ( No. 03-1413) (mem.); Graham v. Thornburgh,No. 02-4087-JAR (D. Kan. 2002); Deem v. Manchin, 188 F. Supp.2d 651 (N.D. W. Va. 2001), aff’d sub nom. Unger v. Manchin, 536 U.S. 935 (2002) (mem.); while 22 states drew congressional plans wit person that were not challenged. SeeRedistricting Law 2010, table 3, Population Equality of 2000s Districts, <www.senate.leg.state.mn.us/departments/scr/redist/red2010/table_>, and National Conference 13