Josh Douglas’s essay for the Washington Monthly :

“State courts committed to upholding the ideals of democratic representation within their state constitutions should adopt a presumption of unlawful partisanship for a mid-decade redistricting and invalidate these maps.

Three aspects of state constitutions support a presumption of unlawful partisanship.

“First, nearly every state constitution includes a commitment to democracy and popular sovereignty. As law professors Miriam Seifter and Jessica Bulman-Pozen have shown , these state constitutional provisions express a commitment to the people as supreme. A mid-decade redistricting, conducted solely to achieve a partisan end, flips that principle on its head. Politicians are punishing the people for their previous choices by c

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