Wash. DC – The Supreme Court just released its opinion in Evenwel v. Abott, a challenge to redistricting based on “total population” versus eligible or registered voters. Read the pre-decision discussion here. Redistricting expert Nathaniel Persily’s brief is here. Listen to the Supreme Court oral argument here. The court flatly ruled against requiring redrawn districts to equalize voting eligible populations and noted the founding fathers acceptance of “total population” as an appropriate denominator. In the words of the Court:
“Settled practice confirms what constitutional history and prior decisions strongly suggest. Adopting voter-eligible apportionment asconstitutional command would upset a well-functioning approach todistricting that all 50 States and countless local jurisdictions have long followed. As the Framers of the Constitution and the Fourteenth Amendment comprehended, representatives serve all residents, not just those eligible to vote.”
Read the opinion here.