National: Supreme Court Digs Into Redistricting | Bloomberg

The U.S. Supreme Court’s docket is crowded with voter redistricting disputes this term. The high court already heard a procedural redistricting dispute, Shapiro v. McManus, U.S., No. 14-990, argued, 11/4/15 (84 U.S.L.W. 615, 11/10/15), and the justices recently agreed to take a look at a racial gerrymandering challenge to Virginia’s latest voter map in Wittman v. Personhuballah, U.S., No. 14-1504, review granted, 11/13/15 (84 U.S.L.W. 663, 11/17/15). But on Dec. 8, the one-person, one-vote principle will take center stage at the high court in two separate redistricting cases: Evenwel v. Abbott, U.S., No. 14-940, oral argument scheduled, 12/8/15, and Harris v. Ariz. Indep. Redistricting Comm’n, U.S., No. 14-232, oral argument scheduled, 12/8/15. Where the justices ultimately land in these cases could have a national impact. The dispute in Evenwel—possibly the most consequential of the two one-person, one-vote challenges—centers on whether the one-person, one-vote principle announced in Reynolds v. Sims, 377 U.S. 533 (1964), protects all persons, or just eligible voters.

Hawaii: Supreme Court Justice Intervenes in Native Hawaiian Election | The New York Times

Justice Anthony M. Kennedy on Friday ordered officials in Hawaii not to count ballots or name the winners of an election there in which only people of native Hawaiian ancestry could vote. The justice’s order was a response to an emergency application from Hawaii residents who said the election violated the 15th Amendment, which bars race discrimination in voting. The election is to end on Monday, and Justice Kennedy’s order did not stop the voting. He apparently acted on his own, and his order may mean only that he wanted to preserve the status quo over a holiday weekend until the full court could consider the matter. The election is for delegates to a convention that would prepare a document on self-governance by Native Hawaiians. Under a definition in a 2011 law, only descendants of “the aboriginal peoples who, before 1778, occupied and exercised sovereignty in the Hawaiian islands” are eligible to vote.

National: The New Attack on ‘One Person, One Vote’ | The Nation

In 1963, while preparing for his speech atthe March on Washington, John Lewis saw a photo in The New York Times of a group of black women demonstrators in Rhodesia holding signs that read: one man, one vote. The 23-year-old chairman of the Student Nonviolent Coordinating Committee (SNCC) adopted the phrase as a rallying cry against the disenfranchisement of black Americans in the segregated South. “‘One man, one vote’ is the African cry,” Lewis said at the Lincoln Memorial. “It is ours, too. It must be ours.” Following the March on Washington, SNCC made “One man, one vote” its official slogan. That the Supreme Court is even hearing the ‘Evenwel’ case is a major victory for the plaintiffs. At the same time as Lewis’s speech, “One man, one vote” was being debated before the nation’s highest court. For decades, elected offices in many places were not based on equal population, giving conservative lawmakers from rural areas far more influence than liberal lawmakers from urban areas. “In the American South,” wrote Douglas Smith in On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States, “malapportionment served as a cornerstone of white supremacy, ensuring the overrepresentation of the most ardent segregationists and thus further delaying the realization of civil and voting rights for African Americans.”

Editorials: In 2016, the Integrity of Our Democracy at Stake | Michael Waldman/Huffington Post

While it may feel like it has been going on forever, the 2016 election is one year from now. The presidency is at stake, of course. Control of the Senate, of state legislatures, and even (theoretically) of the House of Representatives is up in the air. But in basic ways, the very integrity of our electoral system is on the ballot, too, next year. Alarmingly, we don’t even know the basic rules that will be in place — and there is more in flux than in any recent presidential year. One other thing is certain, though: Voters are angry about the state of our democracy. And this is a critical time to yell about it. Start with the vote. We all know that Republican-controlled states passed dozens of new laws since 2011 to make it harder for many Americans to cast a ballot. Hardest hit: the poor, minorities, students, the elderly. These laws often have been delayed or tangled up in court. But 15 states will have new restrictions in effect for the first time in a high-turnout national election. And it is the first presidential election since the U.S. Supreme Court gutted the Voting Rights Act, the nation’s most effective civil rights law.

National: Seeing Voting Rights Under Siege, Philip Glass Rewrites an Opera | The New York Times

Each new chapter of American history has a way of casting what came before it in a different light. So when the composer Philip Glass and the playwright Christopher Hampton decided to revive “Appomattox,” the opera about the Civil War that they wrote a decade ago, they found that the changing civil rights landscape cried out for a rewrite. “We were writing it in 2005 and 6,” Mr. Glass said in an interview. “But it never occurred to me that the Supreme Court would gut the Voting Rights Act.” Since the first version of “Appomattox” had its premiere in 2007 at the San Francisco Opera, many states have passed laws making it harder to vote, and, in 2013, the Supreme Court effectively struck down the heart of the Voting Rights Act of 1965. So Mr. Glass and Mr. Hampton significantly revised the opera and made voting rights a central theme. When the reimagined work has its premiere at the Kennedy Center here on Saturday, presented by the Washington National Opera, audiences will see how Mr. Glass, perhaps the most prominent American composer of his generation, weighs in on a pressing issue in the nation’s capital — where many of the scenes he is depicting took place and where, if history is any guide, there are likely to be policy makers and a Supreme Court justice or two in the audience.

Editorials: Will State Courts Fill a Void on Voting Rights? | Joshua A. Douglas/The Atlantic

In recent years, as the U.S. Supreme Court has limited its protections of the right to vote, some state courts have stepped in to fill the void. State judges have looked to their state constitutions—which are more explicit in conferring the right to vote—to provide relief from onerous election laws. And, in doing so, they have shown how these documents can be powerful tools to improve America’s democracy. Forty-nine of the 50 state constitutions explicitly grant the right to vote to their citizens (Arizona is the only outlier), and just over half of them also provide further protection to the democratic process by requiring elections to be “free and equal” or “free and open.” Some state courts, such as in Missouri, Pennsylvania, Arkansas—and most recently Delaware—have analyzed their state constitutions in an increasingly expansive way, going beyond federal law to protect voting rights.

National: Just How Much Gerrymandering Is Unconstitutional? Wisconsin Plaintiffs Want the Supreme Court to Rule. | National Journal

Every dec­ade, when state le­gis­latures across the coun­try draw dis­tricts for them­selves and their con­gres­sion­al del­eg­a­tions, some law­makers vi­ol­ate voters’ con­sti­tu­tion­al rights by pack­ing mem­bers of the minor­ity party in­to as few dis­tricts as pos­sible. At least, that’s what the Su­preme Court has hin­ted at in past rul­ings, when it wrote that ex­treme par­tis­an ger­ry­man­der­ing can vi­ol­ate voters’ First and Four­teenth Amend­ment rights to free­dom of speech and due pro­cess. The prob­lem, the Court wrote in its 2006 League of United Lat­in Amer­ic­an Cit­izens v. Perry de­cision, is that it can’t strike down ger­ry­mandered maps without some sort of tool to de­term­ine ex­actly when dis­trict bound­ar­ies are skewed so drastic­ally that they dis­crim­in­ate based on voters’ party af­fil­i­ations. The wind­ing, snake-like dis­tricts of­ten used to il­lus­trate ger­ry­man­der­ing aren’t ne­ces­sar­ily signs of ill in­tent, and it’s of­ten ne­ces­sary to have some vari­ation in how po­lar­ized or com­pet­it­ive dis­tricts are. But the Wis­con­sin-based plaintiffs in a law­suit filed this sum­mer think that they have found the for­mula that the Court has been wait­ing for. And if they man­age to push their case to the high court and win, the law­suit’s con­sequences could ex­tend from Wis­con­sin across the en­tire na­tion.

National: Supreme Court Justices Fear Loss of Control Over Redistricting Cases | The New York Times

At a Supreme Court argument on Wednesday about procedures in redistricting cases, the justices appeared to be trying to reconcile two conflicting impulses. They did not want to close the door entirely on challenges to gerrymandering, but they also did not want to be required to rule on them. Though the court has never rejected a voting district on the ground that it gave a political party an unconstitutional advantage, it has never ruled out that such a district might exist. On Wednesday, the court seemed inclined to endorse procedures that would at least treat such claims seriously by sending them to special three-judge courts created by a federal law for redistricting cases. But as the argument drew to a close, several justices voiced a competing concern — the law also allows direct appeals to the Supreme Court from rulings of the three-judge courts, meaning more work and less discretion for the justices.

National: Congressional Democrats Launch a New Strategy to Restore the Voting Rights Act | The Nation

The 2016 election is one year away and many states and cities hold local elections today. But not everyone will be able to cast a ballot this year or next. The 2016 election will be the first presidential election in 50 years without the full protections of the Voting Rights Act. Twenty-one states have put new voting restrictions in place since the 2010 election, with voters in 15 states facing these obstacles for the first presidential cycle in 2016, including in crucial swing states like North Carolina and Wisconsin. Legislation has been introduced in Congress to restore the Voting Rights Act (VRA) following the Supreme Court’s 2013 decision gutting the law, but neither the modest Voting Rights Amendment Act of 2014 or the more ambitious Voting Rights Advancement Act of 2015, which both have bipartisan support, have moved legislatively.

Maryland: D.C. law student takes case against Maryland gerrymandering to Supreme Court | The Washington Post

Steve Shapiro recently pulled his first all-nighter in years. He worked until about 1 a.m. last month on an assignment for a class at American University’s Washington College of Law, where he is a first-semester 1L. From then until dawn, he pored over his brief due at the U.S. Supreme Court, where his battle against Maryland’s often-criticized gerrymandered congressional districts will be heard this week in a case that bears his name. At age 55, Shapiro is not the typical law school newbie; he’s more often mistaken for a professor. It was his decades-long fight with Maryland’s political leadership over redistricting that, in part, fueled his decision to leave his job as a career federal employee and enroll full time in law school.

Editorials: A New Low in Campaign Finance | Robert Maguire/The New York Times

One corner of the world of “dark money” just got a little brighter, and it doesn’t bode well for the 2016 election. A recent tax filing by Carolina Rising, a 501(c)(4) social welfare organization, shows that in 2014 the group spent $4.7 million on ads that had one thing in common: touting the legislative accomplishments of Thom Tillis, who was then North Carolina’s speaker of the House. That year, Mr. Tillis also happened to be trying to unseat Kay Hagan, the incumbent Democratic senator. Carolina Rising spent the money in a three-month blitz leading up to Election Day, but we may never learn where these millions came from. The partial disclosure required of 501(c)(4) outfits means that while we do know that 98.7 percent of the group’s revenue came from a single donor and that virtually every penny of it was used to further the cause of Mr. Tillis’s campaign, we don’t know who Carolina Rising’s secret benefactor was.

Editorials: ‘One person, one vote’ isn’t broken, and the Supreme Court shouldn’t fix it. | Nathaniel Persily/The Washington Post

Anyone who teaches or writes about election law has one Supreme Court court case that he or she finds outrageous. For some, it is Shelby County v. Holder, the decision striking down a core provision of the Voting Rights Act. For others, it is Citizens United v. FEC, which struck down regulations of election-related spending by corporations and unions. If the Supreme Court sides with the appellants who seek to redefine the “one person, one vote” rule so that districts may be drawn only around eligible voters, mine will be Evenwel v. Abbott. The case will not receive the attention of the other two, but it represents all that is wrong with constitutional litigation around election law — in particular, the effort to use the courts to achieve anti-minority outcomes that even the majoritarian political process would not tolerate.

Editorials: ‘Equal representation’ should include non-citizens | Richard H. Pildes/The Washington Post

If states’ representation in Congress were tied to their number of eligible voters rather than their total population, Texas would have four fewer House representatives and California six. Both states have millions of non-citizen residents and a disproportionate share of people younger than 18. Fortunately for Texas and California, the principle of political equality written into the Constitution’s 14th Amendment expressly recognizes that a state’s representation in the House should be based on its total population, not the number of its eligible voters alone. “The fundamental principle of representative government is one of equal representation for equal numbers of people,” the Supreme Court has said. But is this “fundamental principle” somehow wrong when states design their own legislatures? In the “one person, one vote” case before the Supreme Court, two voters from Texas argue that it is.

Editorials: The Supreme Court should seize the chance to strike down voter discrimination | Nina Perales/The Washington Post

Texas has a long history of voting discrimination against racial minorities. As Supreme Court rulings invalidated the Texas white primaries in 1944, the poll tax in 1966 and Texas’s system of multi-member state House districts in 1973, Texas turned to redistricting to dilute minority voting strength. The federal Voting Rights Act is the bulwark against unfair redistricting in Texas. Nationwide, the Voting Rights Act prohibits discrimination on the basis of race and, for certain jurisdictions with a history of voting discrimination (including Texas), until 2013 it required federal preapproval of voting-related changes. In every decade since the 1970s, courts or the U.S. Justice Department have relied on the Voting Rights Act to block one or more unjust statewide redistricting plans enacted in Texas.

Editorials: Keeping the nation safe from mythic illegal voters | Carl P. Leubsdorf/Dallas Morning News

In the 28 months since the Supreme Court decided a key provision of the 1965 Voting Rights Act was no longer necessary, several states have confirmed critics’ warnings that the decision would prompt new efforts to curb voting, especially by minorities the law sought to protect. In Texas, officials put a strict voter ID law into effect the very day the court ruled. It remains under legal challenge after an appeals court ruling it discriminates against minorities. In North Carolina, a new law reduced early voting and eliminated a program encouraging 18-year-olds to register. But a ham-handed move by Alabama officials recently made the case better than can all the lawyers in the world.

Montana: Group suing over election laws must reveal donors, spending | Associated Press

The U.S. Supreme Court is refusing to take up the case of a Montana group that doesn’t want to disclose its donors and spending as it seeks to overturn the state’s campaign finance laws. U.S. District Judge Dana Christensen had ruled that Montanans for Community Development must answer questions about the group’s formation, operation and communications with candidates and other groups. The 9th U.S. Circuit Court of Appeals upheld Christensen’s ruling.

Arizona: Redistricting to get Supreme Court hearing | Arizona Daily Star

The nation’s high court will hear arguments in less than two months on the legality of the state’s 30 legislative districts, setting the stage for a ruling that could realign political lines for the 2016 election. Attorney Mark Hearne, representing Republicans challenging the current districts, said Monday the Dec. 8 hearing could portend a quick ruling by the Supreme Court. And he said if the justices side with him — and against the Independent Redistricting Commission — there is probably no excuse to keep the current lines in place for the next election. Mary O’Grady, who represents the commission, said she’s not sure the case can move that quickly. But if the case goes against the commission, it could send shock waves through the system, whether next year or in 2018.

Editorials: The Biggest Questions Awaiting the Supreme Court | The New York Times

The court’s new term, which starts Monday, will jump right back into high-profile constitutional battles like voting rights, affirmative action and the death penalty, as well as a new attack on public-sector labor unions. And the justices may well agree to take up issues of abortion and contraception again, in cases that could further strip away reproductive rights. The decisions last term showed a court willing to take into account the effects of the law on individual lives. This term, the justices have many opportunities to show that same type of awareness. The legal principle of “one person, one vote” got its fullest expression in the 1964 case Reynolds v. Sims, which ruled that state legislative districts must contain roughly equal numbers of people. Before then, district populations varied widely, an intentional practice that gave more power to rural white voters than those in the more diverse cities. While the court has never defined who counts as a person, the vast majority of states count all people who live in a district, even if they are not eligible to vote.

New York: Evenwel Could Have Tremendous Impact on New York Senate & Assembly Districts | New York Election News

Today’s New York Times editorializes on how two Texas voters in the Evenwel case are challenging the use of overall population for redistricting. “They want to force the state to count only the number of voters in apportioning districts. This approach, besides being at odds with long-accepted practice, is both inflexible and impractical. The census, which provides the data that most states use, counts people, not voters,” The Times editorial continues, “the plaintiffs know that getting rid of a system that counts all people would hurt Democratic-leaning urban areas with large, noncitizen Latino populations, and would favor rural and conservative areas where more Republicans live. In other words, the suit is an effort to transfer political power from Democratic to Republican regions. The Supreme Court has never required that states follow this or any other specific method of apportionment, and there is no reason to start now.”

National: High court to decide free-speech limits in political-retribution case | Los Angeles Times

The Supreme Court said Thursday it will decide an important question on the rights of the nation’s 22 million public employees: How far do free-speech rights go in protecting a public employee who is demoted or fired over his or her perceived political affiliations? In the past, the court has said public employees have 1st Amendment rights, including the right to speak out on public issues. But lower courts are split on whether these employees are always protected from political retaliation. The justices agreed to hear an appeal from a New Jersey police detective who was demoted to walking a beat after he was seen putting into his car a large campaign sign that supported a candidate who was trying to oust the mayor of Paterson.

Editorials: Doubts about new redistricting case | Lyle Denniston/SCOTUSblog

The Supreme Court on Monday afternoon told lawyers involved in a new case on the constitutionality of a congressional election district in Virginia to file new briefs on whether the case can go forward in the Court. In a one-paragraph order issued along with two other procedural orders after the first Conference in advance of the new Term, the Court questioned whether current and former members of the House had a legal right to pursue their appeal. The Court has not yet agreed to hear the case, but it is in a form that would require the Court to act on it if it were properly filed. At the core of the case of Wittman v. Personhuballah is whether a sprawling District 3 was designed unconstitutionally because of the role that race played in drawing its boundaries. The only House district in Virginia with a majority of minority population, it starts north of Richmond and skips various cities on its way southward into the area around Norfolk and Newport News. It is now represented by a black Democrat, Rep. Bobby Scott. Its form has been described as resembling a “grasping claw.”

Editorials: John Roberts Dismantled the ‘Crown Jewel’ of the Civil-Rights Movement | Theodore M. Shaw/The Nation

ne of the martyrs of the civil-rights movement, Vernon Dahmer, lies in a cemetery in Hattiesburg, Mississippi. A voting-rights activist and president of the local NAACP chapter, Dahmer was killed when his home was firebombed by Klansmen five months after President Lyndon B. Johnson signed the Voting Rights Act (VRA) into law. Dahmer’s tombstone bears his famous words: “If you don’t vote, you don’t count.” Like every step along the path to racial justice, including the recent removal of the Confederate flag from South Carolina’s state Capitol, the VRA was bought and paid for with blood. Those who fought for it, like Dahmer, understood that it meant a new beginning for democracy, not an end of the need for vigilance.

Editorials: The Warnings About The Supreme Court’s Dangerous Campaign Finance Ruling Are Now Coming True | Paul Blumenthal/Huffington Post

Presidential candidates from both parties are going to solicit six and seven-figure contributions directly from donors for the first time in a decade, thanks to looser campaign finance rules enacted by the Supreme Court and Congress in recent years. Both parties are pushing wealthy donors to give more than $1 million for the 2016 presidential campaign, according to The Washington Post. Their efforts mark the first $1 million party campaign solicitations since the 2002 McCain-Feingold Act banned individual donors from making “soft money” donations — or unlimited contributions to political parties — in an effort to curtail opportunities for corruption. (Corporations are still banned from making “soft money” donations to parties.) The Supreme Court upheld this ban in 2003. Yet thanks to another Supreme Court ruling a decade later, as well as a congressional decision in 2014 to increase party contribution limits, Hillary Clinton’s campaign will now be able to ask single donors to contribute approximately $1.3 million over the two-year 2016 election cycle — and could potentially raise more. Her Republican rivals could follow her lead.

Maryland: Supreme Court case based in Maryland could have wide impact | Baltimore Sun

A little-noticed lawsuit brought by a Maryland man challenging the state’s contorted congressional districts will be heard this fall by the Supreme Court — where it has the potential to open a new line of constitutional attack for opponents of gerrymandering. Stephen M. Shapiro, a former federal worker from Bethesda, argues that the political map drawn by state Democrats after the 2010 census violated the First Amendment rights of Republicans by placing them in districts in which they were in the minority, marginalizing them based solely on their political views. The issue before the Supreme Court is whether a lower court judge had the authority to dismiss the suit before it was heard by a three-judge panel. But Shapiro hopes the justices will also take an interest in his underlying claim. Most redistricting court challenges are rooted in the 14th Amendment right to equal protection under the law. If Shapiro’s approach is endorsed by federal courts, supporters say, it could open a new approach to challenging partisan political maps.

Montana: Taking control: Montana elections getting new disclosure rules | Bozeman Daily Chronicle

They sound about as exciting as buying tube socks, but proposed administrative rules will help put Montanans back in control of state elections after being overruled by the U.S. Supreme Court, state officials believe. The rules, written by Commissioner of Political Practices Jonathan Motl and currently open for public comment, are meant to strengthen campaign disclosure requirements after the high court threw out Montana’s Corrupt Practices Act, a 1912 law that banned corporate political spending. The justices said such spending is a constitutionally protected form of speech. After the ruling, “social welfare” corporations — known by their IRS tax-exempt status 501©4, which don’t disclose their donors — began to hammer Montana candidates using “issue ads.”

Editorials: Why there’s hope for easing Texas’ voter ID law | Carl P. Leubsdorf/Dallas Morning News

It was ironic but perhaps fitting that the U.S. Fifth Circuit Court of Appeals issued its ruling challenging the constitutionality of the restrictive Texas voter identification law on the eve of last week’s 50th anniversary of the landmark 1965 Voting Rights Act. After all, the 2011 Texas law exemplifies current efforts to undermine that still relevant act. But though the three-judge panel concluded the Texas law has a “discriminatory effect” on the poor and minorities, the nature of the ruling and the prospects for appeal suggest this is less than the sweeping judicial success for which opponents hoped. Indeed, its Republican sponsors made clear that, despite this defeat, they still hope to win the war in the Supreme Court, if necessary. That’s hardly surprising, given the fact that Chief Justice John Roberts has repeatedly questioned the continuing validity of the 50-year-old Voting Rights Act.

National: Inside John Roberts’ Decades-Long Crusade Against the Voting Rights Act | Politico

John Glover Roberts, a 25-year-old graduate of Harvard Law School, arrived in Washington in early 1980. Harvard Law professor Morton Horwitz described Roberts as “a conservative looking for a conservative ideology in American history,” and he found that ideology in the nation’s capital, first as a clerk for Supreme Court Justice William Rehnquist and then as an influential aide in Ronald Reagan’s Justice Department. At the time, Rehnquist and the Reagan administration were at the vanguard of a new conservative counterrevolution in the law—a legal backlash against the historic and liberal-leaning civil rights laws of the 1960s.

Texas: A Limited Victory for Voting Rights in Texas | The New Yorker

In 2013, when the Supreme Court effectively struck down a crucial section of the Voting Rights Act, the disagreement between the five conservative Justices in the majority and the four moderate liberals in dissent was about history as much as law. For the conservatives, Chief Justice John Roberts, Jr., wrote, “Our country has changed” since the statute became law fifty years ago. Devices that once blocked minorities’ access to the ballot, like the voter fees known as poll taxes, had been outlawed for more than forty years. The percentages of whites and minorities who register to vote and then go to the polls are approaching parity in the South and other parts of the country where, half a century ago, they were far apart. It is no longer necessary, Roberts went on, for the federal government to pre-approve any proposed changes to election laws in states with records of entrenched discrimination, as the statute had required since 1965.

Editorials: John Roberts has been trying to gut the Voting Rights Act for decades | Scott LEmieux/The Week

In 2013, a 5-4 Supreme Court decision written by Chief Justice John Roberts eviscerated the 1965 Voting Rights Act. In Shelby County v. Holder, the court struck down the most crucial enforcement mechanism in the most important civil rights statute since Reconstruction. How did we get here? A major New York Times Magazine story by Jim Rutenberg provides an invaluable history of the long battle conservatives have fought against the law. And it shouldn’t be surprising that one major player in this movement was John Roberts himself. It’s important to emphasize the spectacular shoddiness of Roberts’ opinion in Shelby County. It fails to make an even remotely coherent argument to justify declaring that Section 4 of the Voting Rights Act — which used a formula to determine which areas of the country required greater federal oversight of voting practices — is unconstitutional. The text of the Fifteenth Amendment explicitly authorizes Congress to pass legislation to address racial discrimination in voting, and the Voting Rights Act does not violate any specific textual provision.

National: The Case That Could Bring Down ‘One Person, One Vote’ | J. Douglas Smith/The Atlantic

In 1960, a town of 38 residents in Vermont elected the same number of representatives—one—as Burlington, population 33,000. In Georgia, house districts contained between 1,876 and 185,422 constituents. In California, more than 6 million residents of Los Angeles County elected just one state senator, as did 14,294 inhabitants of three counties on the eastern slope of the Sierra. Legislative malapportionment produced staggering inequality in virtually every state in the union. It was to address this situation that the Supreme Court established “one person, one vote” as a bedrock of American democracy. Now, for the first time since that era, the “reapportionment revolution” is under threat. This fall, in Evenwel v. Abbott, the Court will weigh whether or not “one person, one vote” allows states to base apportionments on all persons living within a given district, or whether the phrase really means “one voter, one vote” and requires states to count only voters for the purposes of representation. A ruling in favor of the challengers, who claim the weight of their votes has been diluted because Texas counts all persons, threatens to undermine one of the great achievements of 20th-century American democracy.