Scholarship@WashULaw
The Prospect of Bailing-in Texas: Strategic Considerations (5)
Document Type
Blog Posting
Language
English (en)
Publication Date
2018
Publication Title
Election Law Blog
Abstract
As my previous posts have made clear, Texas is eligible for bail-in for its unconstitutional conduct during the 2011 redistricting cycle. But there are strategic risks in seeking this high-profile bail-in rather than using a smaller, county-level jurisdiction as a test case at the Court. The fact that Texas has already won in the Supreme Court twice in this litigation is not ideal. Moreover, a case that lacked the “second enactment” wrinkle—here, the 2013 plans—would be a better vehicle, as the Court could not point to that action as a reason for denying bail-in.
Keywords
Election Law, Voting Rights, Redistricting, Gerrymandering, Supreme Court, Civil Rights, Electoral Law, Political Representation, Voter Suppression
Publication Citation
Travis Crum, The Prospect of Bailing-in Texas: Strategic Considerations (5), Election Law Blog (Sep. 17, 2018), https://electionlawblog.org/?p=101144
Repository Citation
Crum, Travis, "The Prospect of Bailing-in Texas: Strategic Considerations (5)" (2018). Scholarship@WashULaw. 731.
https://openscholarship.wustl.edu/law_scholarship/731
