Ruth Bader Ginsburg

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Not everything should be left to the algorithms, but the drawing of U.S. congressional districts is one that cries out for such a technological shift. When members of congress, who collectively have a seven-percent approval rating, don’t have to worry about the security of their day jobs, gerrymandering has reached a ridiculous level. And if you can’t throw the bums out, you become Bumtown.

A half-step in the right direction is the Supreme Court decision which supports independent redistricting. It will still be people, prone to prejudices, doing the job, but at least it doesn’t allow for an outright “land grab.” 

From Adam Liptak at the New York Times:

The case, Arizona State Legislature v. Arizona Independent Redistricting Commission, No. 13-1314, concerned an independent commission created by Arizona voters in 2000. About a dozen states have experimented with redistricting commissions that have varying degrees of independence from the state legislatures, which ordinarily draw election maps. Arizona’s commission is most similar to California’s.

The Arizona commission has five members, with two chosen by Republican lawmakers and two by Democratic lawmakers. The final member is chosen by the four others.

The Republican-led State Legislature sued, saying the voters did not have the authority to strip elected lawmakers of their power to draw district lines. They pointed to the elections clause of the federal Constitution, which says, “The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.”

Justice Ginsburg wrote that the Constitution’s reference to “legislature” encompassed the people’s legislative power when acting through ballot initiatives. “The animating principle of our Constitution is that the people themselves are the originating source of all the powers of government,” she wrote.•

 

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One question from Jeffrey Rosen’s New Republic interview with Supreme Court Justice Ruth Bader Ginsburg, who has quietly and gradually become a towering figure in American life:

Question:

What’s the worst ruling the current Court has produced?

Ruth Bader Ginsburg:

If there was one decision I would overrule, it would be Citizens United. I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be. So that’s number one on my list. Number two would be the part of the health care decision that concerns the commerce clause. Since 1937, the Court has allowed Congress a very free hand in enacting social and economic legislation. I thought that the attempt of the Court to intrude on Congress’s domain in that area had stopped by the end of the 1930s. Of course health care involves commerce. Perhaps number three would be Shelby County, involving essentially the destruction of the Voting Rights Act. That act had a voluminous legislative history. The bill extending the Voting Rights Act was passed overwhelmingly by both houses, Republicans and Democrats, everyone was on board. The Court’s interference with that decision of the political branches seemed to me out of order. The Court should have respected the legislative judgment. Legislators know much more about elections than the Court does. And the same was true of Citizens United. I think members of the legislature, people who have to run for office, know the connection between money and influence on what laws get passed.”•

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