Monthly Archives: April 2021

Redistricting 2021 — A Preview

As long time readers of this site know, back in 2011, we took a rather detailed look at the redistricting process.  While we will once again be looking at redistricting, redistricting is going to be a little bit different in 2021 than it was in 2011.

We are nearing the end of the pre-redistricting period.  This period roughly covers the four years preceding redistricting (Summer of the year ending in 7 through January of the year ending in 1).  There are two basic things happening during this period.

On the political side, during these four years, we are, in most states, electing the state representatives, state senators, and governors who will pass the new redistricting plans.  In other states, we are making decisions about the laws that will govern “independent” commissions that will draw up the new districts.  We are now, with limited exceptions for filling vacancies, past this phase.  It is too late to make changes to state constitutions to alter the rules for redistricting.  In states that leave it to the legislative process, the elections for those positions are done and the winners are in office and have the power. Continue Reading...

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The Chauvin Case and What It Might Mean

The Derek Chauvin-George Floyd case is set to go to the jury on Monday.  Last year, Floyd’s death sparked a wave of tense protests across the country, and it is likely that there will be a response to the verdict in this case.

Before talking about the potential impact of this decision, it is important to keep several things in mind as this week unfolds.

First, on Monday, the attorneys for both sides will give closing arguments.  The nature of closing arguments is that it is a chance for the attorneys to point out the key evidence in the case and how that evidence supports the requested verdict.  In part, closing argument also points out why the other side’s evidence is not believable.  After the attorneys are done, the court will instruct the jury.  The instructions basically tell the jury what “facts” they have to find in order to return a guilty verdict.  After that, probably some time on Monday afternoon, the jury will begin deliberations. Continue Reading...

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Voter ID

While most of what the Republicans are proposing to suppress the vote is very unpopular (even among Republican voters) and most of the Democratic proposals in the For the People Act (H.R. 1/S. 1) are very popular (even among Republican voters), the one voter suppression tool that gets a lot of popular support is requiring voters to have ID.  It is easy to understand why this proposal is popular.  People are used to having to present their ID for a variety of circumstances.  So presenting it to vote does not seem like a big deal to people who have government-issued ID (which is the vast majority of people).  And most people will not look past the initial “common sense” aspect of requiring voters to have ID to look at the real issues.

First, while there are a variety of circumstances for which we have to present ID, the reason for producing ID is different for these situations.  And that determines what needs to be done by the people looking at the ID.  For example, many of us remember our misspent youth when we had to produce IDs at bars and restaurants if we wanted to purchase an intoxicating beverage.  The bar requires us to produce an ID because they are facing potential criminal charges if they sell to a minor.  If they check ID, they can prove that they did not knowingly sell to a minor.  So they are simply checking that the photo matches the person in front of them and that the ID shows that the person is at least 21.  They do not care if you really are John Doe, III, or Leia Smith.  Unless the ID is an obvious forgery, they are fine.

On the other hand, the bank or the car dealership wants to know that the person buying the car or opening an account is really Jane Roe.  They are not merely checking the ID to see that the photo matches the person in front of them; they are also making a copy so that they have a record just in case the ID is a fake. Continue Reading...

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