Tag Archives: redistricting
Important Takeaways From the Missouri Districting Debacle and the Supreme Court’s Reaction to It

UC Davis Law professor Vikram David Amar discusses the U.S. Supreme Court’s third rejection of Republican officials’ attempts to use Missouri’s 2025 redistricting map (HB1) for the 2026 congressional election, situating the ruling within the broader national redistricting conflict and analyzing what it reveals about the Court’s emergency docket practices. Professor Amar argues that the decision undercuts claims that the Court’s shadow docket favors Trump, demonstrates the Court’s insistence that lower federal courts respect its prior rulings and state supreme court authority under Rooker-Feldman and Moore v. Harper, and shows the Justices applying the Purcell doctrine while placing blame for the electoral confusion squarely on Missouri’s Republican Secretary of State rather than on the state courts.

Déjà Vu All Over Again for the Eighth Circuit in the Missouri Redistricting Matter

UC Davis Law professor Vikram David Amar discusses the Eighth Circuit’s latest ruling reinstating Missouri's Republican-drawn HB1 congressional maps for the 2026 election, examining how this decision fits into the ongoing legal battle following the Supreme Court's September 10 stay of a similar lower court order. Professor Amar argues that the Eighth Circuit's ruling is legally untenable because it contradicts the Supreme Court’s implicit merits assessment from September 10 and violates the Purcell doctrine’s prohibition on late judicial interference with elections already underway, leading him to predict the Supreme Court will again intervene to block HB1’s maps from being used in November.

Why the Congressional Redistricting Ruling Last Week by the Supreme Court of Missouri—Blocking HB1 From Going Into Effect Until After a Referendum Election Is Held—Is Unlikely to Be Undone by the U.S. Supreme Court

UC Davis Law professor Vikram David Amar discusses the Missouri Supreme Court’s ruling that blocks HB1, the state’s new congressional map, from taking effect until voters decide a referendum on it, and he explains why that ruling will probably withstand the state’s expected appeal to the U.S. Supreme Court. Professor Amar argues that Missouri’s federal constitutional objections are weak because the Missouri Constitution plainly permits the referendum, Supreme Court precedent has long allowed such referenda in congressional redistricting, and the U.S. Supreme Court is unlikely to disrupt the state court’s decision so close to the election.

Why the U.S. Supreme Court Should Not and Will Not Interfere with the Virginia Supreme Court’s Recent Ruling on the State’s Efforts to Engage in Partisan Redistricting to Counter Red States: How Moore v. Harper (Rightly) Requires Respect for State Court Interpretations of State Constitutions

UC Davis Law professor Vikram David Amar discusses the Virginia Attorney General’s emergency application for the U.S. Supreme Court to stay a state supreme court ruling that invalidated a redistricting-related constitutional amendment. Professor Amar argues that the challenge will fail because the state court’s decision rests on an independent interpretation of the Virginia Constitution and constitutes a routine exercise of judicial review that warrants deference under Moore v. Harper.

Partisan Gerrymandering Case Under the New Mexico Constitution Nears Critical Point

UC Davis Law professor Vikram David Amar discusses the ongoing legal battle over congressional redistricting in New Mexico, where Republicans have filed a lawsuit claiming that new district maps favor Democrats and violate the state constitution. Professor Amar emphasizes the importance for the New Mexico state courts to clearly base their rulings on the state constitution rather than the federal Constitution, and to justify their decisions more explicitly so as to demonstrate greater legitimacy.

A Decade After Gutting the Voting Rights Act, Chief Justice Roberts Rescues It

Cornell Law professor Michael C. Dorf comments on the Supreme Court’s decision in Allen v. Milligan, in which Chief Justice John Roberts, writing for a 5-4 majority of the Court, reaffirming a key precedent that allows Voting Rights Act (VRA) plaintiffs to sue to block legislative redistricting maps that have the effect of diluting minority voting strength. Professor Dorf expresses optimism that this decision might signal that the Chief Justice and Justice Brett Kavanaugh, the only Republican-appointed Justice who joined the majority, are not moving ideologically to the right as radically as their other colleagues on the Court.

An Update on the Lawsuit Challenging Illinois’s Districting Plan, McConchie v. Illinois State Board of Elections

In this third of a series of columns, Illinois Law dean Vikram David Amar and professor Jason Mazzone discuss a recent federal lawsuit b Republican minority leaders in both houses of the Illinois General Assembly, specifically focusing on recent developments in the litigation. Dean Amar and Professor Mazzone explain why they do not expect the Illinois Supreme Court to support doing anything but letting the revised district lines (if they be revised as they expect) go into effect.

Can/Should A Federal Court Order the Creation of a Bipartisan Districting Commission in Illinois? Evaluating the Claims for Remedy in McConchie, the Republican Challenge to Illinois’s Recently Adopted Redistricting Plan

In this second of a series of columns commenting on Republican efforts to challenge the apportionment of Illinois state legislative districts that the General Assembly and the Governor recently enacted, Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that a federal court may not be able to grant the relief the plaintiffs are seeking. Dean Amar and Professor Mazzone point out that the Illinois Supreme Court is the proper arbiter of the key legal question whether a commission is required under state law.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram Amar is the Daniel J. Dykstra Endowed Chair and Distinguished Professor of Law at the King... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a Senior Research Fellow at the Institute... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a civil rights lawyer and a Professor of Government at Cornell University. He... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more