Emmet J. Bondurant authored the Common Cause amicus brief with Jeremy D. Farris in Evenwel v. Abbott and argued the landmark redistricting case Wesberry v. Sanders before the U.S. Supreme Court in 1963. In Wesberry, the Supreme Court definitively established that the Constitution requires congressional districts be drawn counting all people.
Kathay Feng is Common Cause’s National Redistricting Director and heads up their California operations, where she successfully championed the state’s adoption of a Citizens Redistricting Commission to draw state and congressional districts through a transparent and inclusive process.
Last Monday morning, the entire community of voting rights advocates breathed a sigh of relief. The U.S. Supreme Court issued an 8-0 decision in Evenwel v. Abbott, written by Justice Ruth Bader Ginsberg, upholding the standard state practice of counting all people for purposes of conducting state redistricting.
A little primer first: At the start of each decade, the Census Bureau conducts a count of every American – where they live, how many people are in a household, and basic demographic information about them. This Census data is crucial for a number of things that happen right after: We allocate the number of representatives to the Congress from each state using these numbers, we redraw the congressional districts based on this total count, AND states use these numbers to redraw the lines for the state legislative districts. The goal has always been to make sure the districts have equal numbers of people in them so the people elected to represent the districts are serving the same number of people.
In Evenwel, two plaintiffs from Texas asked the Supreme Court to reinterpret fundamental principles of our democracy by drawing lines based on voters only, and making invisible millions of our family, friends, and neighbors who are not voters. The Court rejected this approach, unanimously holding that states may use census data counting total population to draw districts. Common Cause’s amicus brief laid out why the Supreme Court had to reject Evenwel’s argument:
“It would  create an indefensible situation in which states would be required by Article I, Section 2 to use total population as the basis for the redistricting of congressional districts, but be prohibited by the Equal Protection Clause from using the same standard when redistricting state legislative districts. Finally, it would break the structural link between the right of every person to equal protection under the laws enacted by the state legislature and the right of every person subject to those laws to equal representation in the houses of that legislature.”