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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Right (0+ / 0-)

    The gerrymandered districts are just a facade, a vehicle for dressing up a bill that, in intent and effect, is designed to disenfranchise one political party's voters.  

    That's my point.  Essentially, the case law we have involves gerrymandered districts, and not electoral vote allocation.  But the case law shows that (1) political vote-dilution can violate equal protection, but (2) with respect to Congressional district line-drawing, there's no good way for courts to draw "fair" lines for single-member districts.

    (1) is the source of the challenge to the EV rigging scheme; this is an attempt by one party in power today to entrench themselves against the statewide national will; and (2) should not be a concern when here, the pre-existing popular statewide vote plan is a judicially managable, complete remedy if there is an equal protection violation.

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