The once-in-a-decade redistricting cycle is in full swing, and wilder than ever. The maps that emerge in the coming months will shape the balance of power in Washington for years to come.
Redistricting, the once-in-a-decade redrawing of congressional and state legislative maps based on the U.S. Census, is underway, but things are pretty different this time.
“Everybody is crunched,” said Marina Jenkins, the director of litigation and policy at the National Democratic Redistricting Committee. “A number of states had timelines that demanded unrealistic and very difficult mapping schedules. And in some states … they continued to take their time, perhaps cynically, to delay the possibility of having that map challenged.”
From 1965, when the Voting Rights Act passed, until 2013, states including Texas, Alabama and Virginia, as well as certain counties in states like California, needed to seek federal approval, or preclearance, if they wanted to make changes to their voting laws. In 2013, the Supreme Court ruled inthat the decades-old formula used to determine which states needed to seek preclearance was outdated.
“Now the burden is on DOJ to convince the court that the map is discriminatory,” said Michael Li, senior counsel for the democracy program at the Brennan Center, a law and policy institute. “It’s a totally different ballgame.” In Utah, the legislature voted in 2020 to water down the commission’s power by giving it an advisory role. While the commission’s proposed maps would have created one seat favoring Democrats and three favoring Republicans, the legislature approved a map with four solidly Republican seats.
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