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View Diary: Uh Oh - GOP Caught Red Handed + More (151 comments)

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  •  I doubt it (3+ / 0-)
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    Puddytat, akze29, pdx kirk

    It's not that redistricting with a political aim doesn't exist - that's well-established, and acknowledged by this panel of judges already.  The issue is that there doesn't exist any legal test for its constitutionality: provided that the redistricting follows constitutional principles of equal protection (equipartitioning and not disadvantaging any protected class - which doesn't include partisan affiliation) courts have had little choice but to wave them on.  At what point does the set of a hundred thousand lines that bound districts shift from being constitutional to being unconstitutional?

    The opportunity here is to suggest a legal test along the lines of "if the drawers of the map considered alternatives that they knew better met the constitutional condition of equal protection and discarded them because of the likely electoral results".

    Who is to say that the map drafters didn't consider better alternatives, discarded them, then deleted the evidence that they were even aware of the possibility?  I'll tell you who can't do that now: the defense.

    Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

    by GeoffT on Wed Mar 13, 2013 at 09:44:22 PM PDT

    [ Parent ]

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