by Robert Thomas, InverseCondemnation, August 14, 2013
Chad Blair at Honolulu Civil Beat has written a story with the latest in the Hawaii Reapportionment case, "U.S. Supreme Court to Hear Appeal on Hawaii Reapportionment."
We represent the plaintiffs (and now appellants). Our Statement of Jurisdiction will be filed in the next couple of months.
As usual with the comments section, there are a few let's say "inaccurate" comments. Here's how we responded:
First, those who were extracted are not counted in their "home states" or anywhere else but Hawaii. Because HI doesn't count them, they have no representation in any state legislature. Second, this is not about being counted for voting. Hawaii does not extract others who don't vote: aliens (both lawful and otherwise), COFA migrants, prisoners, children, those who are eligible but simply choose not to vote. Hawaii's rationale for the extraction is that the right to voting equality is more important than the right to representational equality. We think the Constitution says otherwise. That's one of the issues the Supreme Court will decide.
Finally, the current procedures are not the usual "certiorari" procedures is most cases where the Supreme Court has the discretion whether to take a case decided by the Courts of Appeals. In state reapportionment cases such as this, the Court has "appellate" jurisdiction to directly review decisions by the US District Court for the District of Hawaii. In these specialized appeals, the Court *must* review the case (although it may do so summarily, if it chooses). The headline is accurate.
Stay tuned, as we say.
SA Aug 16, 2013: Supreme Court expected to weigh in on redistricting case.