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Democrats may finally get to use their superior numbers to win elections thanks to pending Supreme Court case

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Democrats may finally get to use their superior numbers to win elections thanks to pending Supreme Court case Empty Democrats may finally get to use their superior numbers to win elections thanks to pending Supreme Court case

Post by Ben Reilly Tue Nov 29, 2016 1:23 am

It’s the best news for Democrats in weeks: Partisan gerrymandering is on a collision course with the Supreme Court.

There’s a reason why Democrats routinely get more votes — whether at the state level or in six of the last seven presidential elections — but Republicans control all the power at the federal level, as well as 69 of 99 state legislative chambers. In the ruthless Republican redistricting that followed the 2010 census, GOP politicians drew themselves all but guaranteed majorities in state legislatures and Congress, insulating themselves from voters.

The plan was called the Redistricting Majority Project (or REDMAP for short) and that’s exactly what this devastating reinvention of the oldest political trick in the book — the gerrymander — produced.

But in a Monday ruling with far-reaching national implications, a panel of three U.S. district judges, in a 2-1 decision, had enough of this corrosively anti-democratic practice. He called Wisconsin’s state legislative maps an “unconstitutional political gerrymander” and systematically dismantled the zombie myth that even our elite media won’t let die. Extreme and highly targeted partisan gerrymandering — not geography — he ruled, explains why Republicans have “locked in” control even when they receive fewer votes.

“The evidence at trial establishes that” the goal of the GOP’s maps “was to secure the Republican Party’s control of the state legislature for the decennial period,” wrote Kenneth Ripple and Barbara Crabb, U.S. district judges.

This is not the first time that aggressive GOP maps drawn in 2011 have run afoul of the courts. Judges in Florida, Virginia and North Carolina cases have already found massive evidence of unlawful partisan intent and even conspiratorial shadow redistricting processes and have forced several districts to be redrawn.

Emails and draft maps revealed through the discovery process in all these cases have put the extreme GOP efforts to rig our democracy on full display. And yet, ever since the election, pundits and professors have repeatedly declared that the Republicans win legislative races because their votes are better distributed across states than Democrats, who tend to crowd and concentrate themselves in urban areas.

This analysis has dismissed reams of new political science studies that have explained how different and long-lasting the GOP gerrymander of 2010-11 will be. And it has ignored very public and honest explanations by Republicans of the electoral strategy that made this gerrymander possible – let alone the less public and much less honest private emails, algorithms and court transcripts that laid out the breathtaking depth and determination behind the GOP plans.

http://www.salon.com/2016/11/23/un-rigging-our-democracy-the-gops-unconstitutional-political-gerrymander-practices-finally-under-fire/
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Post by Victorismyhero Tue Nov 29, 2016 2:00 am

could tis affect the result of the last election??

if so how...could it be "re run" or are you "stuck with it" for the next 4 years?
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Post by Ben Reilly Tue Nov 29, 2016 2:16 am

Lord Foul wrote:could tis affect the result of the last election??

if so how...could it be "re run" or are you "stuck with it" for the next 4 years?

No take-backs -- unless the recount unexpectedly uncovers something pretty massive, we're stuck with Trump. Of course, not necessarily for four years -- Trump may be in violation of the constitution as soon as he's inaugurated: http://www.vox.com/policy-and-politics/2016/11/23/13715150/donald-trump-emoluments-clause-constitution
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Post by Original Quill Tue Nov 29, 2016 5:01 am

Why is it unconstitutional? I mean, what is the Constitutional principle raised? If it follows Baker v. Carr, then it's an Equal Protection issue.

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Post by Original Quill Tue Nov 29, 2016 5:16 am

Bae the Cray wrote:
Lord Foul wrote:could tis affect the result of the last election??

if so how...could it be "re run" or are you "stuck with it" for the next 4 years?

No take-backs -- unless the recount unexpectedly uncovers something pretty massive, we're stuck with Trump. Of course, not necessarily for four years -- Trump may be in violation of the constitution as soon as he's inaugurated: http://www.vox.com/policy-and-politics/2016/11/23/13715150/donald-trump-emoluments-clause-constitution

There is no provision that I am aware of that would make the effects of a recount non-retroactive.  The real question is how they are going to get a decision out of an eight-judge Supreme Court panel.  An equally divided Supreme Court leaves standing the decision of the Circuit Court below them.

What you cite, Ben, is a 3-judge District level decision.  The issue would have to go to the Seventh Circuit, where District of Wisconsin cases go for appeal.  The decision of the Seventh Circuit would stand if a divided US Supreme Court could not decide the question.

The emolument clause is the reason why Trump will eventually have to resign.  His fortune is just too great for him to walk away from it, and he will have to walk away under any circumstances if he keeps the presidency.  Leaving the business to his kids is not a blind trust.  And if he truly did put his assets in a blind trust, when he eventually cashed out he would be accepting the 'gain' of gratuities and gifts of foreign governments.  There is no way around it.

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Post by Ben Reilly Tue Nov 29, 2016 6:05 am

And if not, a good portion of his properties become prime targets for ISIS, seeing as many of them are in the Middle East.

I'm hoping though that the Supreme Court justices can set partisanship aside for one case. They have done that before, and it's hard to imagine a more crucial time than now.
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Post by Ben Reilly Tue Nov 29, 2016 6:10 am

Even districts being drawn fairly would bolster Democrats, from what I've been seeing.

The TL/DR on this is that Trump won because a little over 100,000 people voted for him in states that the Electoral College deems important.

Meanwhile, Hillary Clinton won the approval of the American people by 2.2 million votes ... and counting.

We have a political party that has stolen democracy. So what are we going to do about it?
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Post by veya_victaous Tue Nov 29, 2016 8:07 am

It does seem to need to be redrawn at the least
From a far it seems that the numbers/importance is still based on the 70's/80's when the US was an industrial power house, a lot of those states that have lost the industries seem to still be getting the considerations they had when they were the back bone on of the US economy.
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Post by Original Quill Tue Nov 29, 2016 4:27 pm

Bae the Cray wrote:And if not, a good portion of his properties become prime targets for ISIS, seeing as many of them are in the Middle East.

I'm hoping though that the Supreme Court justices can set partisanship aside for one case. They have done that before, and it's hard to imagine a more crucial time than now.

Justice Kennedy occasionally swings to the liberal side.  That is your only chance.  

But, be mindful that no one sets partisanship aside...particularly not in these times.

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Post by Independent Thoughts Wed Nov 30, 2016 6:13 am

Democrats may finally get to use their superior numbers to win elections thanks to pending Supreme Court case 10501815-chinese-sign-for-wishful-thinking-delusion

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