News Clips

“This is part of a broader strategy to make voting harder and impose the will of state legislatures regardless of the will of the people,” said Suzanne Almeida, director of state operations for Common Cause, a nonpartisan pro-democracy group. “It is a significant change to the power of state courts to rein in state legislatures.” ... Voting rights advocates point to that decision, specifically a quote from Chief Justice John G. Roberts Jr., as evidence that the Supreme Court has previously believed state courts have an oversight role. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply” in policing partisan gerrymandering, Roberts wrote for the majority in Rucho v. Common Cause.

“In a radical power grab, self-serving politicians want to defy our state’s highest court and impose illegal voting districts upon the people of North Carolina,” said Bob Phillips of Common Cause, North Carolina, which brought the lawsuit that overturned the GOP-drawn maps. “We will continue to stand up for the people of our state and nation as this case goes to the U.S. Supreme Court. We must stop this dangerous attack on our freedom to vote.”

Kathay Feng, the national redistricting director at the good government group Common Cause, compared preclearance to the ability to prevent a repeat arson. “But unfortunately, with Shelby County, we have to allow a building to burn down before we can go and seek some kind of justice and by then the harm has already happened,” she said.

"One of the upsides, even when you have a lousy commission, is that you have created enough of a record for the court to review and be able to create some alternative that is fair," said Kathay Feng, the national redistricting director at the voting rights organization Common Cause. The court battle has gotten ugliest in Ohio, where voters will be casting ballots in congressional districts that the state Supreme Court says were unconstitutionally drawn. Feng pointed to an "escape hatch" the legislature created in the competing proposal it put forward for creating a commission, where "even if a partisan or racial gerrymander has been found, a court may not impose a remedy by itself." "It has to go back to the legislature to be drawn," Feng said. "And so that circular, multi-layered stages of Dante's Hell has been imposed on Ohio."

“Once the fuel has been added to the fire, it’s very hard to back away from it,” said Kathay Feng, the national redistricting director for the advocacy group Common Cause. “Now it’s not just the operatives in the back room, which is where it started. It’s not just technology. It’s not just legislators being shameless about drawing lines. It’s governors and state officials and sometimes even courts leaning in to affirm these egregious gerrymanders.”

“The current maps are often pointed to, ‘Oh, look how terrible they are.’ But they are drafted to give specific communities a fair chance to choose their own representatives,” said Susan Lerner, the executive director of Common Cause New York, an advocacy group which opposed the new map. She noted that a special master appointed by a federal court had drawn the previous congressional map, and said that he had taken these demographic factors into account. ... “People do not live, work and play in neat lines and boxes. So if you’re actually going to reflect the lived reality of communities, your lines are not going to be as pretty, but they will be realistic,” Lerner told The New Republic.