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

Share

COinS