Why We Can’t Have Nice Things: Equality, Proportionality, and Our Abridged Voting Rights Regime

What constraints should the protection of political equality place on the design of electoral systems? With the exception of requiring approximate population equality across a jurisdiction’s districts, the U.S. voting rights regime accepts substantial disproportionality in voting strength. This Article addresses the current Supreme Court’s abandonment of the Second Reconstruction’s “one person, one vote” standard with regard to both racial and partisan gerrymandering, and assesses the role that Congress and political science have played in this transition. This Article argues that an unabridged voting rights regime must recognize a standard of proportional representation derived from the protection of individual political equality

Democracy and its advocates must adapt to the Covid-19 pandemic

The COVID-19 pandemic has put much of American life on hold, and efforts to ensure the robustness of US democracy have not been exempt. Fernando Tormos-Aponte and Michael Latner write that, to ensure November’s general election is as free and fair as possible, electoral democracy advocates must now find new ways of exerting policy influence online and to open up virtual spaces to constituents and advocacy groups. Read this article in Spanish/Lee este [...

The Supreme Court's quiet gerrymandering revolution and the road to minority rule

This month the US Supreme Court heard oral arguments in a Wisconsin case over the constitutionality of the Republican-dominated state legislature's redistricting plan. Michael Latner, Anthony McGann, Charles Anthony Smith, and Alex Keena argue that while this case is important, no matter what it decides, the Supreme Court has already enabled large-scale gerrymandering. They write that the Court's 2004 decision ..

Maryland's electoral maps show how proportional representation could solve the problem of gerrymandering

This week the US Supreme Court hears a case concerning the constitutionality of partisan gerrymandering in Maryland. Examining current, past, and alternative electoral maps, Alex Keena, Michael Latner, Anthony J. McGann, and Charles Anthony Smith find that by making districts more competitive, some redistricting plans can actually work against one party or the other. Only the introduction of proportional representation with multi-member districts, they argue, would mean a truly fair electoral system for Maryland

Why the Republicans will retain the House in 2016...and 2018...and 2020

At this stage of the 2016 election cycle, which party will control the White House and the US Senate come January 2017 seems to be very much up in the air. The US House of Representatives on the other hand, is almost certain to remain in the hands of the Republican Party, a situation which is likely to continue for the foreseeable future. Anthony J. McGann , Charles Anthony Smith , Michael Latner and Alex Keena argue that the GOP’s continued control of the House is down to the gerrymandering of Congressional districts by Republican-controlled state legislatures. They write that in certain states like Pennsylvania, this gerrymandering leads to an asymmetry between the number of seats the Democrats gain and their vote share, reducing their share of US House seats

The 2018 House elections may be historic enough to end the redistricting wars

This year’s midterm elections saw reforms to the way US House districts are drawn in four states. Alongside these successful measures, write Alex Keena, Michael Latner, Anthony J. McGann and Charles Anthony Smith, Democratic takeovers of gubernatorial mansions and successful voting rights reforms such as Florida’s felon reenfranchisement are likely to signal the beginning of an era of significant electoral reforms in the US

Gerrymandering the Presidency: Why Trump could lose the popular vote in 2020 by 6 percent and still win a second term.

Donald Trump was the clear Electoral College winner in the 2016 election, despite losing the popular vote by a wide margin to Hillary Clinton. Anthony J. McGann, Charles Anthony Smith, Michael Latner and Alex Keena write that, unless the Supreme Court stops congressional gerrymandering, President Trump can guarantee re-election in 2020 – even if he loses by 6 percent

The US Supreme Court has decided partisan gerrymandering is outside its remit. A democratic restoration now depends on the people alone.

The United States Supreme Court has determined that reviewing partisan gerrymandering cases was outside the remit of federal courts. Alex Keena, Michael Latner, Anthony J. McGann and Charles Anthony Smith argue that in failing to recognise the vote dilution caused by the redrawing of a state’s electoral district boundaries to the party in power’s advantage, as well as connecting the majority rule standard to the 14th Amendment, the decision removes Americans’ fundamental right to participate equally in the political process

Republican state legislatures are attacking voting rights. Congress has the power to fight back.

The 2020 election saw the Democratic Party re-take the White House and the United States Senate and hold control of the House of Representatives. In the months that have followed, Republican-controlled state legislatures have proposed more than 200 bills which would roll back voting ability and access. Michael Latner, Alex Keena, Anthony McGann and Charles Anthony Smith give an overview of these measures, and look at the For the People Act as Congressional Democrats’ best chance to protect voting rights

La democracia y sus defensores deben de adaptarse al coronavirus

La pandemia del COVID-19 ha detenido muchos aspectos de la vida norteramericana, y los esfuerzos por mejorar la democracia estadounidense no han estado exentos. Fernando Tormos-Aponte y Michael Latner escriben que activistas por la reforma electoral deben encontrar nuevos modos de ejercer influencia política en línea y abrir espacios virtuales para asegurar que las elecciones sean justas