Congressional Redistricting Being Hijacked By Judicial Branch, Far-Left Organizations
When the people become constitutionally illiterate and ignorant to the rules of government used to govern them, then the manipulators, the gerrymanderers, and the politically opportunistic reprobates are able to abuse our systems of government – both federal and otherwise – to the advantage of ideology and political partisanship.
It appears this is the case in both North Carolina and Pennsylvania, and the primary purpose of organizations calling themselves the National Democratic Redistricting Committee and the National Redistricting Foundation; organizations run by former-Obama administration attorney general and hyper-partisan, Eric Holder and embattled far-Left attorney Marc Elias.
A lower court in North Carolina usurped a legislatively created congressional map last week, the latest in a string of disturbing litigation victories for Democrats attempting to hijack authority of the congressional redistricting process.
A three-judge panel at a county superior court level rejected the map created under the authority of law by the Republican-controlled North Carolina state legislature, and instead approved a map that will likely lead to Democrats increasing their congressional seat count in the state from five to six.
Gaining a seat through the most recent US Census, North Carolina legislators crafted a map that originally saw an 11-3 Republican majority representative district map. The map created by the court established a 7-6-1 dynamic in favor of Republicans. A prior map, also disallowed by the courts, created a 6-4-4 dynamic including 4 toss-up districts.
In Pennsylvania, the courts again interceded to usurp a congressional redistricting map in favor of Democrats. Redistricting under the most recent US Census dropped Pennsylvania’s House contingent from 18 US Representatives to 17 and the court proposed plan penalized Republicans into a minority.
The North Carolina ruling caps a series of legal victories (read: manipulations) that threaten to diminish any prospective GOP gains going into the 2022 midterm elections.
Why This Is Important
There is too much wrong with these events to not examine the issue of redistricting, even in the most cursory of ways.
First let’s try to understand who or what entity has purview when it comes to the authority to create congressional districting maps after every US Census. For our purposes here we will focus on North Carolina and Pennsylvania.
According to the web publication All About Redistricting, hosted by the Loyola Law School at Loyola Marymount University:
“North Carolina’s congressional and state legislative lines are both drawn by the legislature, and not subject to gubernatorial veto...”
“Pennsylvania’s congressional lines are drawn by the state legislature, as a regular statute, subject to gubernatorial veto.”
In Pennsylvania’s case, the statute enacted by the legislature established a five-member politician commission. Each of the four legislative leaders (majority and minority in each state house) chooses one commissioner, and those four commissioners choose a fifth to serve as chair.
Nowhere in either of these authorizations is there a role for the judiciary. The courts should have no say in the codification of congressional districting maps.
The US Constitution seats the authoritative purview over congressional redistricting to the state legislatures via Article 1, Sections 2 and 4.
Section 2 states:
“Representatives...shall be apportioned among the several states which may be included within this Union, according to their respective numbers...[t]he actual Enumeration shall be made...within every subsequent term of ten years, in such manner as they shall by law direct.”
Section 4 states:
“The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof...”
So, it is established that the purview of crafting congressional redistricting boundaries – and this is true for almost all of the 50 states – rests with the state legislatures and the mechanisms they have codified into law for establishing a means to that goal.
Consider, at this point, the words of former President Barack Obama: “Elections have consequences.” I agree with very little of what Mr. Obama said and stood for, but I am in full agreement with that statement.
Because elections do have consequences, we must understand that to the victors go the spoils. And when majorities change in state legislatures the control of those purviews come along with it, in this case, the right to redefine congressional district lines under a US Census mandate.
The subject of what is called “gerrymandering” (political manipulation of electoral district boundaries with the intent of creating undue advantage) is included in this purview and is not subject – or shouldn’t be – to the “it’s not fair” rule the Left uses whenever they don’t get their way.
According to the educational outlet Colors-New York:
“On June 27, 2019, the Supreme Court, by a 5 to 4 vote, ruled that claims of unconstitutional partisan gerrymandering are not subject to federal court review because they present non-justiciable political questions, removing the issue from the federal court’s purview.”
This precedent should be seen as applicable to the state-level judiciary as well, and that should be the end of the discussion on the issue. But it isn’t. It never is with the fascist transformative Left.
Enter former-attorney general Eric Holder and his National Democratic Redistricting Committee, which has a mission statement that declares:
“The National Democratic Redistricting Committee is the centralized hub for executing a comprehensive redistricting strategy that shifts the redistricting power, creating fair districts where Democrats can compete.”
Put another way – and utilizing the IRS tax filings that have to be submitted by all Political Action Committees, the true purpose of the group is to, “build a comprehensive plan to favorably position Democrats for the redistricting process through 2022.” This comprehensive plan is being marshaled by people directly affiliated with:
House Majority PAC (a Democrat group)
Democratic Governors Association (an association of Democrat governors)
Democratic Legislative Campaign Committee (another Democrat group)
America Votes Action Fund (a Democrat money spigot)
And then there is the embattled and ethically challenged Democrat far-Left attorney Marc Elias, the Elias Law Group and the National Redistricting Foundation, all of whom have never found a Republican, Libertarian, or Independent electoral victory they didn’t want to litigate.
The mission statement for the National Redistricting Foundation – which does not list its leadership, team, or supporters (eyeroll), reads:
“The National Redistricting Foundation was formed in 2017 to pursue legal challenges to gerrymandered congressional and state legislative districts and to engage in work that affects the redistricting process.”
So, regardless of the fact that the US Constitution is clear as to where the authority lies with congressional redistricting apportionment, these two lawyers – on behalf of the far-Left Democrats and Fascist-Progressives – have decided for the nation and every state in the union that there should be a way to inject litigation into the process...but only when they don’t win.
Interesting that these two intellectual reprobates are stunningly silent on the issue of the Democrat-led congressional attempt to co-opt purview of federal elections to the very people those elections serve to create.
And without a full-throated outrage by the electorate in response to this unconstitutional co-opting of the redistricting process, so falls North Carolina and Pennsylvania. In the end, when the GOP gains that are already being counted fail to materialize in the numbers all the starry-eyed GOP leaders are salivating over, this will be the reason.
Honestly, the examples of Holder and Elias are just the most egregious examples of how political opportunists and power junkies attempt to screw the American people out of true and good representative government.
In the age of algorithms and GPS, one would think we could use – ethically and honestly – technology to more accurately create congressional apportionment maps, thus removing the ability of political charlatans like Holder and Elias to further destroy our Republic.
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