The trial hearing the lawsuit(s) against the passed Kansas Congressional map started on Monday in the 29th Judicial District Court in Kansas City, Kansas. It was initially scheduled for three days and is now scheduled to end Monday, April 11th.
Three lawsuits were filed in state court (one in Douglas County and two in Wyandotte) and those cases consolidated for expedited hearing in Wyandotte. In early March, a motion to dismiss was rejected by the Kansas Supreme Court and an expediated trial ordered at the district level.
A different path was taken in 2012, when the Kansas Legislature failed to pass any maps (US Congressional, State House and Senate, and State Board of Education) and the US District Court finally drew the maps after repeated missed deadlines given to the Legislature.
I am writing six journals detailing the proceedings during the trial this week. The days have been long and recapping fully after each day was simply not possible. Consider this a tape delayed report of the morning and afternoon sessions. I am not a journalist (there are others here in attendance doing excellent work covering the opening day and third day session). I’m just a citizen that has taken a particular interest in this process and decided to attend to see first hand how this case would unfold and add my specific point of view. While I took extensive notes, I will not quote participants directly, but summarize best I can, the arguments put forth and give a specific flavor and nuance.
April 4, 9AM
The trial begins in Judge Bill Klapper’s courtroom with a hearing of motions in chambers. The court is full and an overflow room has been setup with a video feed. After about 30 minutes, the attorneys settle in and it’s apparent the plaintiffs’ lawyers (with three separate filings) outnumber the defendants team at least two to one. The judge asks if people are comfortable with the crowded conditions since we are still dealing with a pandemic. There is a lack of social distancing and only the plaintiffs side and supporters seem interested in mask wearing. The judge is appreciative of the interest shown by the community in this process. With no complaints from the gallery, we proceed.
But first, a defense motion asking for a ruling to exclude all plaintiff expert testimony based on it’s previously filed objection. The defense continues to layout what is really their entire strategy.
1 — The Kansas Legislature didn’t approve guidelines. There were no specific guidelines to violate.
2 — “Traditional” redistricting guidelines are not law or statute.
3 — The “expert” models and stats are unproven and without defined standards.
4 — While other states have state constitutions that are specific in articulating redistricting standards (like Ohio), Kansas does not.
As to the motion, the defense argues that “experts” don’t offer or set any standards. Even if a standard was defined, there is no maximum or minimums tolerances legally defined. Every model is simply a prediction and speculation. Since this is the entire case, it should be dismissed.
The Voting Rights Act is the only law that speaks to race based voting dilution, but that’s a federal standard and isn’t relevant to Kansas courts. Besides, there are no majority minority districts in Kansas. So, this isn’t about race. In the end, the Plaintiffs were already drawn into majority white voter districts and that hasn’t changed. They just don’t like the types of white people in the newly redrawn district.
A best possible map is not the standard or even a goal. Only rebalancing population is the goal and the legislature has the collective judgment and authority to enact any map it wants. Referenced guidelines were only approved by the House redistricting committee and not the Senate committee or body at large. They are not binding.
The plaintiffs’ lawyer argues the objections raised are appropriate questions for cross examinations, not grounds for a dismissal. The experts and evidences are admissible and the only real question for the judge is the weight given. Statewide election data provides the best stats in modeling and the Efficiency gap is the industry accepted standard of measure.
The Kansas guidelines were also accepted by the joint redistricting committee, not just the House. That’s in addition to traditional guidelines that have always been used.
The judge rules the objection is denied and the trial will move forward.
The plaintiffs open with an invitation for the judge to meet the people named in the case and Judge Klapper eagerly agrees. A Wyandotte County voting rights activist, a KU student, a teacher that lives and works in Johnson and Wyandotte Counties, among others are introduced.
Then the infamous video clip of then Kansas Senate President Susan Wagle giving away the game is played.
The GOP producing a gerrymandered map was always the intent. The GOP just needs a supermajority to override a governors’ veto to deliver it. It was a promise made by the President of the Senate to a group of GOP loyalists and as a fundraising plea.
The violations in the produced 4-0 GOP map are obvious. It failed on four points.
- Diluting minorities
- Compactness
- Communities of Interest
- Maintaining historical boundaries
In whole, the map denies equal opportunity. It was created behind closed doors. It was only released as a finished product ignoring additional public feedback or allowing meaningful edits. This was a predetermined outcome and everything done in the process was simply going through the motions.
The defense responds dismissively. Susan who? She’s just a former official and didn’t draw the map. Kansas is a 60%-40% GOP split, so a fair process resulting in a 4-0 map is easy and even likely. The legislature listened to constituents that asked for Johnson County being kept together. Keeping Johnson County together is not unconstitutional. 3rd District Representative Sharice Davids (D) still has a 62% chance of winning her seat, so this is not gerrymandered. Universities KU and KSU were put together. The lines drawn were guided by landmarks (rivers and I-70) and simple logic like keeping counties whole; not driven by race. The legislature moved so quickly because the 2012 process failed to produce a map at all and they were determined to not let the courts draw maps again. There is a check and balance in the process and the governor indeed used her veto. The end. These lawsuits are just an attack on the legislature and their judgment (which is a mandated constitutional function). We’re sorry people in Wyandotte and Douglas aren’t allowed to pick their own white voters.
The court breaks for lunch. To be continued.
Tuesday, Apr 19, 2022 · 9:28:42 AM +00:00
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ptgkc
All summaries are now posted.
Part 2, Monday afternoon is here.
Part 3, Tuesday morning is here.
Part 4, Tuesday afternoon is here.
Part 5, Wednesday morning is here.
Part 6, Wednesday afternoon (Defense witnesses) is here.
Part 7, Monday morning, final witnesses is here.
Endgame, Closing arguments and thoughts are here.