Federal Court Rules Legislative Map Based on Estimated Census Data Invalid

From State Senator Jason Brickman:

Barickman: Pritzker’s plan violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution

State Senator Jason Barickman (R-Bloomington) released the following statement regarding the ruling of the Illinois legislative map as unconstitutional.

“Governor JB Pritzker betrayed the people of Illinois when he broke his campaign promise and attempted to legitimize his party’s blatant grab for power. Pritzker’s actions harmed countless Illinoisans, with the Court acknowledging that states ‘do not receive a blank check to dilute votes.’ Today, we know the truth, by the words of the Three-Judge Court for the Northern District of Illinois: Pritzker’s plan ‘violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.’”

“It is encouraging that the court came to the same conclusion that so many Illinoisans and good government groups did, that this map, based on seriously inaccurate data and partisan intentions, was unconstitutional.”

From GOP Senate Minority Leader Dan McConchie:

“Below is a statement from Senate Republican Leader Dan McConchie (R-Hawthorn Woods) and House Republican Leader Jim Durkin (R-Western Springs) on Illinois’ redistricting maps being declared unconstitutional today in court:

“Today’s ruling is a victory for Illinois citizens, advocacy groups and communities of interest. During this process the Republican caucuses consistently demanded transparency and fairness in mapmaking, which were rejected by the Democrats and Governor Pritzker. The court’s ruling validates all the concerns that were raised during the Democrats’ unconstitutional attempt to gerrymander Illinois.”

This is just a ruling on the first map, the one that used estimated figures.

= = = = =

The decision can be found here.


Comments

Federal Court Rules Legislative Map Based on Estimated Census Data Invalid — 18 Comments

  1. Clean up the voter roles. Get rid of mail in ballots and cheat machines. Show ID to prove who you are before voting. Have all ballots have a sequential number embossed at the top of the ballot to facilitate chain of custody. Put Zuckerbucks and his Chinese wife in jail for corrupting the last election in key swing states.

    Maps mean nothing until the aforementioned gets fixed.

  2. LOL – this is funny spin, but ignores the fact that this wasn’t actually about the 2nd version of the maps that passed.

    It’s about the first map that passed that was then changed.

  3. According to the Chicago Tribune:

    “Though Democratic lawmakers passed and Gov. J.B. Pritzker signed the updated map last month, they did not repeal the earlier estimated-population map approved in May.

    “That prompted concerns that if the new map was ruled unconstitutional, the earlier map using population estimates would take effect. The court said it needed to rule on the unconstitutionality of the original map to prevent that from happening.”

    The review of the 2nd map (approved by General Assembly Aug 31, but signed by Governor as month) by the same federal court will be the big one.

  4. Nice link Val Act to the UK article. It proves karma still exists in this world. Play stupid games win stupid prizes.

    There is a path to redemption for IL if we know our votes count via an immediate forensic audit and canvass after every election. Not a recount. Unfortunately I have a feeling all county clerks are in on the grift so they keep their jobs while claiming everything in every election is on the up and up.

    Here’s what canvassing uncovered in Dane County WI from the 2020 election:

    312 Registered Voters at a 20 Unit Apt Bldg in Madison (15 adults/per unit)
    385 Registered Voters in 184 bed senior care facility (no need to do math on that one)
    341 Registered Voters at a 15 Unit Apt Bldg in Madison (23 adults/unit)
    376 Registered Voters at a 18 Unit Apt Bldg in Madison (21 adults/unit)

    I agree, the redistricting maps are the most critical thing IL should be worried about (sarcasm on).

    And yes Zuckerbucks was involved in the fraud in Dane, Milwaukee and Brown Counties to steal the election.

    He funded the cheat.

  5. Thanks Primate.

    This is a 3 judge panel.

    As I read it quicklyh it seems to concern only the fact that the maps that were passed were not based on official numbers as those were not yet available.

    That was done because it was legally required to pass maps before the end of June to avoid having the maps drawn by an independent panel.

    So the real kicker will be does this cause the maps to have to go to an indepenent panel.

    The federal court can’t really decide that as it is a state law.

    So the Illinois Supreme Court would be the arbiter on that and we all know how that will come out.

    So bottom line is that is is all “sound and fury signifying nothing.”

  6. Jumbo Gone! real soon…. chi town ms. napoleon law breaker #2 next!

  7. Looks like the PLANDEMIC had benefits to the gerrymandering crowd in the Springfield BOE according to that lawsuit. Just more of our tax dollars being wasted on lawyers.

    If we had duly elected people running this state through trustworthy elections this lawsuit wouldn’t be necessary now would it because both sides of the aisle, RINO and D would be working for the betterment of the state not for the betterment of their own bottom line.

  8. BecauseScience

    Let me give you my “quick take” on your analysis (which is essentially correct) and the questions you raise.

    “As I read it quickly it seems to concern only the fact that the maps that were passed were not based on official numbers as those were not yet available.”

    ∙ The only reason the June map was even an issue was because when it passed a succeeding map in September the General Assembly didn’t repeal the June map. Hence, if for any reason the September map was invalidated the June map would govern. (“The June Redistricting Plan presents a live controversy because no court has ruled that that map is unconstitutional, and upon inquiry from this Court, no assurances have been provided that the SBE would not enforce the June Redistricting Plan if the September Plan were invalidated.”) Using an unofficial data source wouldn’t have doomed the June map under the Equal Protection Clause if the population discrepancies were constitutionally permissible. But the evidence showed that those discrepancies weren’t constitutionally permissible. (“The Court declares that the June Redistricting Plan . . . violates the Equal Protection Clause of the Fourteenth Amendment because of impermissible population deviations.”)

    “So the real kicker will be does this cause the maps to have to go to an independent panel ?”

    ∙ Not conclusively resolved, but doubtful. Of course, the Illinois Supreme Court is the final arbiter of Illinois law, but I doubt that the Illinois Supreme Court would accept certification of such issue as I believe the Illinois Supreme Court would agree with the three-judge District Court’s interpretation of state law. (“The Commission does not come into play upon the striking down of a legislature-enacted plan any more than the General Assembly takes over if a Commission-enacted plan fails to satisfy the courts. Instead, the Commission amounts to an alternative process for producing an ‘effective’ map in the first instance if the political branches are unable to do so by the deadline.”) In short, the Commission alternative only comes into play if the General Assembly fails to act. But the General Assembly didn’t fail to act, it merely acted unconstitutionally.

    “So bottom line is that is is all ‘sound and fury signifying nothing.’”

    ∙ Not really. Once the September Plan was adopted the McConchie and Contreras Plaintiffs both filed second amended complaints. In those complaints, Plaintiffs sought injunctive and declaratory relief not only with regard to the June Redistricting Plan, but alleged that the September Redistricting Plan also violates their constitutional and statutory rights.

    So, the constitutionality of the September Plan is presently also before the three-judge District Court, with further proceedings scheduled on the September Plan for November.

  9. Good write-up Innocent Primate,

    It’s the September map that counts, and you were thorough, as the Chicago Tribune was thorough why the June map had to be ruled on first.

    So we’ll all wait to see how the court rules on the September map.

    If Dems are smart, they’ll take the federal court’s feedback and apply it to the being developed congressional map, to avoid any rulings against the congressional map by the court.

  10. Look at the proposed 13th and 17th districts. Absolutely ridiculous. What can be done to get both major parties to agree to some kind of impartial algorithm or formula to create districts that totally ignores any historical voting patterns. Failing that, perhaps 4th grade children who are adept at arithmetic and geography should be given the task of organizing districts for the State. No teachers, parents, politicians or other adults would be involved

  11. It’ll be interesting to see what happens from here on.

    ∙ In the event the three-judge District Court rules the September Plan constitutional, that pretty much ends the matter, except for any appeals (or stays) the plaintiffs may pursue.

    ∙ In the event the three-judge District Court rules the September Plan unconstitutional, things get a little dicier, particularly given time constraints.

    The Constitution gives state legislatures, not the federal judiciary, primary responsibility for redistricting.

    Consequently, “judicial relief becomes appropriate only when a legislature fails to reapportion according to federal constitutional requisites after having had an adequate opportunity to do so.” (Reynolds vs. Sims, 377 U.S. 533, 12 L.Ed.2d 506, 84 S.Ct. 1362, 1394 (1964)).

    Accordingly, a federal court should afford a state legislature a reasonable opportunity to adopt a constitutional plan for redistricting and reapportionment before ordering into effect its own plan.

    If, for whatever reason, a state legislature is unable or unwilling to craft a constitutional redistricting map in a timely manner, a district court is justified in issuing its own plan. (Growe vs. Emison, 507 U.S. 25, 122 L.Ed.2d 388, 113 S.Ct. 1075, 1081-82 (1993)).

    Now, a “timely manner” is largely dependent upon circumstances, but is likely to be sometime very early in 2022.

  12. It’s good that they closed the back door and nailed that shut. Wheeeee!

    ✌️😎

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