Redistricting Ohio

Opinion | Time to get redistricting out of independent commissions’ hands - The Washington Post

Punting is an underappreciated part of playing football — and running a federal courtroom. The doctrine of “constitutional avoidance” (that is: decide no question of constitutional law that need not be decided) often favors punting. The Supreme Court is normally at its best when it comes to staying its hand on (and staying out of) election disputes. When the Supreme Court <a href="https://www.texastribune.org/2020/12/11/texas-lawsuit-supreme-court-election-results/" target=_blank>refused, in late 2020</a>, to review Texas’s case seeking to invalidate the electoral college results in four different states, a challenge backed by then-President Donald Trump, it fulfilled the conventional wisdom that the court is not political and it hates wrestling with political questions involving elections.

<a href="https://www.law.cornell.edu/wex/bush_v_gore_(2000)" target=_blank>Bush v. Gore</a> in 2000 was, of course, the exception that proves the rule. It was forced on the court by the absurdities of the 2000 Florida recount circus and the almost ludicrous partisanship of the Florida Supreme Court. The seven votes of the nine concluding that equal protection violations had occurred didn’t protect the five justices who went further and called an end to the recount games. The “selected-not-elected” slur that followed George W. Bush in the years following was the starting gun for the hyper-politicization of elections we live with today.

The court’s reluctance to touch on political questions has been only slightly less pronounced on redistricting cases. The court has generally abided by two rules: The one-person/one-vote doctrine that<a href="https://www.oyez.org/cases/1963/23" target=_blank> the court decreed in 1964</a> profoundly changed redistricting by requiring all similar districts to begin every decade with the same number of people. That was followed by a subsequent line of cases generally banishing the use of race in the drawing of electoral district lines.

Many wanted the court to go farther and somehow end gerrymandering — the drawing of district lines for political advantage. In 2019, the Supreme Court loudly declared an end to the effort to constitutionalize claims of partisan gerrymandering. The subsequent confirmation of Justice Amy Coney Barrett hardly makes reversal of that bright-line decision likely.

The court had also <a href="https://www.nytimes.com/2015/06/30/us/supreme-court-upholds-creation-of-arizona-redistricting-commission.html" target="_blank">ruled in 2015</a> that the creation of a redistricting commission via ballot initiative does not violate <a href="https://urldefense.com/v3/__https:/www.law.cornell.edu/constitution-conan/article-1/section-4/clause-1__;!!M9LbjjnYNg9jBDflsQ!TvyxFvhOvg0McdoFzYupPeVYLmRjMiURlH0OxebXHijVaqGw-NHP27K4LGa-D4uFDBs0cw$">the elections clause of the Constitution</a>.

Such bipartisan or nonpartisan commissions have allegedly been designed to take some of the politics out of the mapmaking; but inevitably, commissions are typically made up of politically minded folks appointed by politically focused state bodies or officers.

But that 5-to-4 decision might be up for reconsideration very soon because state supreme courts are now being asked to rule on the constitutionality of maps produced by some commissions, and here the court’s new majority might matter greatly. I hope the court takes the opportunity to reverse its 2015 precedent and dismantle the network of independent redistricting commissions that have been springing up around the country for the past generation. The Supreme Court must lead the judiciary — state and federal — out of this political thicket. Three of the four dissenters in 2015 — Chief Justice John G. Roberts Jr., who penned the sharp-edged opinion, and Associate Justices Samuel A. Alito Jr. and Clarence Thomas — are still on the court, and they have been joined by three new conservatives who most likely lean their way. These six should act decisively.

Gerrymandering is rampant everywhere these days, as it is every 10 years. Democrats have thumped Republicans in the line-drawing wars in Illinois and will soon do so in New York, as they have before in Maryland and Massachusetts. Republicans are repaying the favors in Texas, Florida and Ohio.

But, in a twist, state supreme courts are so far bearing down on maps that favor the GOP.

<a href="https://www.politico.com/news/2022/01/14/ohio-congressional-map-struck-down-527116" target=_blank>Ohio’s Supreme Court just overturned</a> a plan for the state legislative districts drawn up by that state’s new independent commission, and did so on a 4-to-3 vote of elected justices. The same court then tossed a map of the Buckeye State’s congressional districts done the old-fashioned way — by the legislature. In both cases, maps that favored Republicans were struck down.

North Carolina also produced new maps via its state legislature. Though a <a href="https://www.nytimes.com/2022/01/11/us/politics/north-carolina-redistricting.html" target=_blank>special court upheld those maps</a> on a unanimous vote, the North Carolina Supreme Court (which leans Democratic) will review those findings.

There should be enough votes on the remade U.S. Supreme Court to revisit the 2015 decision on the constitutionality of independent commissions if the right appeal makes it there. It is also possible the court regrets its 2018 decision to punt when it refused to get involved in the Pennsylvania Supreme Court’s redrawing of the Keystone State’s maps. But if the Roberts court keeps punting in 2022 on either Ohio’s controversy or the possible rejection of new maps in North Carolina by that state’s highest court, it will be fair to ask whether there two sets of rules now. Is it gerrymandering for the blue jerseys, court-drawn lines for the red?

The way out? Strike down the independent commissions and fence off these line-drawing controversies from state courts. Return redistricting to where it ought to reside: with state legislatures, leaving behind only two rules: One person, one vote; no use of race in drawing lines. The chips, and lines, will fall where elected officials draw them as intended by the Framers and the 14th Amendment.

Now is not the time for the highest court to punt, but to make the rules clear and fair: Redistricting is rightfully the work of elected politicians subject to a vote of the people, not “independent” commissions or robed demigods unanswerable to those they presume to govern.

Hugh Hewitt, a Post contributing columnist, hosts a nationally syndicated radio show on the Salem Network. The author of 14 books about politics, history and faith, he is also a political analyst for NBC, president of the Nixon Foundation and a professor of law at Chapman University Law School, where he has taught constitutional law since 1996. 

Hugh Hewitt

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Time to get redistricting out of independent commissions’ hands

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The Washington Post Opinions section features opinion articles, op-eds, editorials by the Editorial Board, global opinions and letters to the editor on the issues of the day. Offerings include columns by Washington Post opinion writers, political cartoons by editorial cartoonists Ann Telnaes and Michael de Adder and podcasts by James Hohmann and Jonathan Capehart.

Opinion Columns

Let’s put redistricting back in the hands of politicians

Arlington Cemetery Hosts Annual Wreath-Laying Ceremony

Stringer

Getty

Opinion | Hugh Hewitt: What Glenn Youngkin should do the moment - The Washington Post

Patrick Henry was Virginia’s first governor. Thomas Jefferson was its second. Republican Glenn Youngkin, <a href="https://www.washingtonpost.com/dc-md-va/2022/01/05/who-is-glenn-youngkin-faq/" target=_blank>Virginia’s 74th governor</a>, will be sworn in Jan. 15 amid an emergency, one <a href="https://www.washingtonpost.com/politics/northam-issues-limited-emergency-order-as-virus-cases-rise/2022/01/10/7e9d9e6a-7243-11ec-a26d-1c21c16b1c93_story.html" target=_blank>already declared by outgoing Democratic Gov. Ralph Northam</a>.

Youngkin should tear up Northam’s emergency declaration and issue a new one, focused on ending “remote learning.” Back to school should mean back to all schools, Monday through Friday, and perhaps this summer as well.

<a href="https://law.lis.virginia.gov/vacode/title44/chapter3.2/section44-146.17/#:~:text=duties%20of%20Governor.-,The%20Governor%20shall%20be%20Director%20of%20Emergency%20Management.,Commonwealth%20in%20time%20of%20disasters." target=_blank>Section 44-146.17 of the Virginia Code</a> grants the Commonwealth’s chief executive vast powers in emergencies. This section also helpfully notes that a governor’s emergency powers apply during “a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared …”

So, as a citizen of the Old Dominion, I say to the new governor: Gather some smart lawyers in a room and figure out how to declare that there is no such thing as “remote learning” in the Commonwealth; and that any public school that is either closed or attempting to teach via remote device is henceforth under the control of the state government.

Marc Thiessen: Don't negotiate with teachers who walk out over covid. Fire them. 

Virginia has <a href="https://www.doe.virginia.gov/support/health_medical/office/reopen-status.shtml" target=_blank>2,045 public schools</a> and, of late, 80 are operating “remotely,” and 868 are operating in a “hybrid” fashion.

A ban on remote learning need not be ruthless: Offer aid to any district that asks for it but be clear: End all “remote learning” and open fully up, or the state takes over in 48 hours.

Could the state take over entire school districts that quickly? Teaching is hard, but it’s not magic; Virginia has many retired military veterans who would be suitable. The Virginia National Guard will provide help for other duties from bus drivers to custodians to groundskeepers and kitchen help. It would even make sense to shutter higher-education institutions and direct their faculties to the places where they are needed.

In short, it’s an emergency. All hands on deck; K-12 comes first. You may have to fire some district superintendents, some principals, some teachers, some support staff. Some loyal parents may object. But the continued toll on kids without schools is so overwhelming that you should roll over these objections. Teach or leave. Educate or depart. Keeping school in session through the summer to make up for the damage done — perhaps on a four-day week — might be necessary.

Op-ed: It’s time to acknowledge reality. Many schools will likely have to close because of omicron.

The state’s voters will support you — Democrats, Republicans and independents, as well as folks who haven’t voted in years. Some school board members will complain — loudly, no doubt, and repeatedly — that you don’t understand the complexities of modern education. Ignore them. The baffling decrees and sudden, bewildering jerks of educational bureaucrats across the country have left America incensed by what has happened to public schools. If any Virginia teachers union tries any sort of work stoppage, add a paragraph to the declaration of the emergency about decertification of public employee unions. Some may sue. Fine. In the meantime, cut off their pay and benefits.

As for high school sports — all three seasons have <a href="https://www.wsls.com/sports/2020/09/17/virginia-high-school-sports-officially-will-not-begin-until-december/">been needlessly jumbled and compressed</a> and now some are in limbo again — and we know very well these kids should play. Many of them need what Youngkin got: an athletic scholarship to a good college. Open the leagues, restart the games for all the sports, and do so immediately. Task the athletic directors with doing so now. I suspect most ADs and coaches have been itching to play, so let them do so. A free people can decide whether they want to cheer their kids on.

This step will pave the way for deeper reforms in the commonwealth’s educational ways and means. Tell the universities that they will not be suspending SAT and ACT score requirements, that they will not be using race in admission, and that they will promote genuine intellectual diversity and protect free speech. This last set of recommendations goes beyond the K-12 emergency to the deepening crisis of higher education’s collapse into indoctrination. But what was it that a former White House chief of staff and <a href="https://www.washingtonpost.com/opinions/2020/03/25/lets-make-sure-this-crisis-doesnt-go-waste/" target=_blank>ex-mayor of Chicago said</a>? Never let a crisis go to waste.

Hugh Hewitt: What Glenn Youngkin should do the moment

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The first thing Glenn Youngkin should do

Chuck Schumer,Dick Durbin

Chuck Schumer, Dick Durbin

Opinion | Go ahead, Democrats: Revise the filibuster and reap the whirlwind again - The Washington Post

If Majority Leader Charles E. Schumer (D-N.Y.) succeeds, against all odds, in altering Senate rules to amend or abolish the filibuster, he will quickly join Harry M. Reid from Nevada as among the best Democratic allies the Republican Party has ever had.

Post columnist Marc A. Thiessen recently <a href="https://www.washingtonpost.com/opinions/2022/01/04/democrats-havent-learned-harry-reids-mistakes/" target=_blank>detailed</a> Reid’s greatest legacy — the confirmations of Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett by simple Senate majorities. As Reid’s gambit showed, the consequences of supposed reforms can often be counterproductive.

So it will be for Schumer’s party if the leader’s filibuster fix is allowed to succeed.

The real winner in Schumer’s gambit would most likely be Senate Minority Leader Mitch McConnell (R-Ky.), who will use the new Schumer rule to enact a generation’s worth of regulatory rollbacks and other reforms, just as he used the Reid rule to guide the Supreme Court to a 6-to-3 conservative majority.

McConnell is the ultimate realist. He <a href="https://youtu.be/reAM4U2vzOo%20%20[youtu.be]" target=_blank>warned Reid in 2013</a> that weakening the filibuster would backfire on Democrats: “You will regret this, and you may regret this a lot sooner than you think.”

By most accounts, Schumer needs to be caught trying to alter the filibuster rule even though the votes for such a move do not exist. Sen. Joe Manchin III (D-W.Va.) continues to oppose changing the decades-old rule; and other Democrats are believed by some to stand behind him in private, grateful for his public courage.

But if the filibuster is somehow revised or amended, the GOP majorities that look certain to emerge in both chambers after November will combine with whoever the GOP nominates in 2024 to create a unified field of Republican power in January 2025. Expect the new Republican president to use the new rules to move quickly to enact long-overdue reforms.

First on my list would be a comprehensive measure that obliges school districts receiving federal funds to end public employee unions in schools. Teachers will holler and shout, but simple majority rule in the Senate will roll them. The disgust that has greeted the Chicago Teachers Union <a href="https://www.washingtonpost.com/education/2022/01/05/chicago-teachers-union-classes-canceled-covid/" target=_blank>vote this week to defy the city’s in-person learning order</a> — and teachers unions’ conduct during the pandemic generally — has not diminished the respect Americans have for the hard-working educator. But state “education associations,” as teachers unions are often called, long ago overplayed their hands.

Extreme environmentalists already worry that long-overdue updates to the Endangered Species Act, the Clean Water Act and the Clean Air Act are coming, in part because those reforms will reduce their long-running accumulations of so-called stakeholder power in decisions far removed from conservation. If the country is to get moving again, amending these laws will be a critical first step. The filibuster has long protected these self-appointed guardians of water, air, land and sea. That could all change in 2025.

Defense spending, entitlement reform and reductions in the federal workforce will all get a big lift in 2025 using simple majorities in both houses. Republican staffers should spend 2023 and 2024 drafting bills and telegraphing a new reform era, so it can be launched in January 2025. The goal: disempowering bureaucrats and interest groups.

True, a new “simple majority” Congress will more prone to huge mood swings. But the accumulated power of Democratic special-interest groups, once dashed, will prove hard to recover. Schumer is risking it all.

If Schumer succeeds, the GOP need not worry about the unconstitutional provisions of the “voting rights protection” bills now being bandied about. The 6-to-3 conservative Supreme Court created by Reid’s folly a decade ago will strike them down, just as it will strike down a number of other laws in the current or future terms. Schumer should learn from Reid and remember: Mess with the filibuster at your peril.

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Go ahead, Democrats: Revise the filibuster and reap the whirlwind again

Chris Christie

Opinion | Will Trump run again? Will that stop these Republicans? - The Washington Post

This midterm election year seems predestined to banish the Democratic majorities in both houses of Congress. The country senses infirmity in its 79-year-old commander in chief and a new radicalism at the heart of his party — and many worry that our adversaries in China, Russia and Iran sense an opening. Buckle up for 2022; the year in politics is going to be rough, and that’s true even if vaccines and boosters can stay ahead of the variants.

Hugh Hewitt

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