Gill v Whitford is the Wisconsin redistricting case where Democrats try to use the concept of an “efficiency gap” to demand States be gerrymandered in a pro-Democrat way.
The basic problem the Democrats face is that a large % of Democrats live in geographically compact areas where they’re a large majority of the total residents. As such, non-gerrymandered districts, ones that are compact and honor natural (rivers, hills, forests, etc), physical (highways, railroad tracks, etc), and political (city limits, county lines, school districts & other social boundaries) boundaries, tend to result in districts where Democrats either have 70%+ of the vote, or else 45%-. In response to this, the Democrats developed the “efficiency gap” (better called the “misery gap”, since the goal is to have 49.99% of voters stuck with a Representative they don’t like), basically an attempt to demand proportional representation rather than the first past the post way that Americans do our elections.
Chris Winkelman and Phillip Gordon do a wonderful job taking apart the idiocy (with a bonus reference to SNL’s hilarious “The Bubble” skit). However, Bernard Grofman and Ronald Keith Gaddie have filed an Amicus brief with an argument so bad I feel the need to take it apart.
They start with a doozy of a claim:
Modern, computer-driven redistricting now al- lows the political party in power to craft extremely sophisticated partisan gerrymanders. With vastly improved computer speed, memory, and storage, map drawers can design district lines so precisely that they simultaneously maximize their party’s gains and eliminate most competitive districts—ensuring that the party in power enjoys an electoral advantage that endures throughout the following decade, irrespective of voters’ subsequent choices.
There’s a very large problem with this. The computer power and storage capacity available to us now, compared to the (less than) 300 million data points known as American voters, is not significantly better than the power and storage capacity available to a State government, Legislature, or political Party in 2000 – 2001. Pretty much everything of value to a gerrymandering program will fit into ~1KB per individual, which means you can fit the entire country into less than 1/2 a terabyte. So what people will be able to do in 2021, or were able to do in 2011, is not significantly better than what they could do in 2001. But in 2006 and 2008, the voters’ subsequent choices changed, and as a result the Democrats took control, and kept control, of both the House and the Senate.
So this claim, fundamental to their thesis, is utter garbage.
Their thesis is this:
The Court should adopt a test for unconstitutional partisan gerrymandering that re- quires a showing of three specific elements: partisan asymmetry, lack of responsiveness, and causation.
All three a worthless.
1: Partisan Asymmetry
The first element, partisan asymmetry, is based on the idea that a citizen’s representational rights must not depend on the party with which he chooses to affiliate. Unlike a claim that the plaintiff is entitled to a specified number of seats, an asymmetry standard requires only that the parties and their supporters receive equal treatment—that they have like opportunity to translate their votes into representation. Thus, if Party A would garner, say, 60% of the seats when it wins 53% of the votes, Party B should also garner about 60% of the seats when it wins 53% of the votes. If it would not, partisan asymmetry is present.
You may very well have a Constitutional right to live how you want. What you do not, can not, and should not have is a Constitutional right to live without consequences. If a large number of Democrat voters are eager to live in places where 80% of their neighbors agree with them, that’s their choice. But the proper result of that is that 37%+ of their votes are going to be “wasted” when voting for a Representative, because rational redistricting will put those city residents into districts made up of other like city residents. It’s only a corrupt partisan gerrymander that would match up some of those city residents with suburban residents who are not so ideologically monochromatic.
But that’s what’s required in order to not have “partisan asymmetry” in districts, when there’s “partisan asymmetry” in how people chose to live.
2: Lack of Responsiveness
The second element, lack of responsiveness, screens out cases where the political process can provide a remedy. It examines whether a map is responsive to shifts in voters’ allegiances, such that any disparate effect on voters is unlikely to persist throughout the decade following redistricting.
The problem with this fantasy is that it’s only provable in the negative, after the fact. Did the incumbent Party lose a “safe seat”? Guess it wasn’t safe. While the authors provide this claim:
Based on historical data—how much voters’ preferences swung in prior elections—experts can identify the full range of realistically possible election outcomes (vote shares) and then determine how many legislative seats, if any, would change hands in response to a comparable change in voters’ choices.
The problem being that populations change, people change, circumstances change. In an era where Donald Trump and David Brat hold elective office, no reasonable person can believe that “experts” can actually tell us what the election results will be next month, let alone 8 years later.
I found this line especially humorous:
There is consensus among social scientists that three discrete concepts are critical to detecting and measuring the extent of an unconstitutional partisan gerrymander
There is consensus among sane people that 80%+ of “social scientists” are Democrats or to the Left of Democrats. The only thing their consensus about X “proves” is that the Left wants X.
The authors further go on to claim:
First, the newest, computer-driven redistricting now allows map drawers to make very precise refinements to district lines down to the census-block level. With this sophisticated new technology, map drawers can fashion maps that eliminate meaningful competition for most districts. See McGann et al., supra, at 87 (“[A]rmed with modern geographical information system software and an absence of judicial constraints, it is possible to engineer so much advantage that [a map can] satisfy both … goals” of “seat maximization and incumbent protection.”).
A: They’ve been gerrymandering down to the census block level for decades.
B: “Seat maximization” and “incumbent protection” are diametrically opposed goals. You want “incumbent protection”? Then you want your Party’s seats to have enough “extra voters” that even in a bad year your guy still wins.
You want “Seat maximization”? Then you want your voters spread as thinly as possible, so that you’re winning nine districts 51 – 49, rather than seven districts 55 – 45. The issue is not “what will those godlike computers let the evil gerrymanderers do?” The issue is “which do you value more, SM or IP?” If “gerrymandered victory margins are no longer so thin that they risk disappearing”, it’s not because of computers, it’s because the people doing the redistricting in 2011 had less appetite for risk than did the 2001 redistricters.
3: Causation
Causation means that the partisan asymmetry is a result of invidious discrimination, not neutral factors or chance…. That is, we must compare the map’s disparate effects against a neutral baseline.
Reality check: any time humans are doing redistricting, they’re going to be trying to get an advantage for their side. So either this test always “fails” the redistricters, or the purpose of this is to let partisan judges find “bad faith” in gerrymanders they don’t like, and “good faith” in ones they do like.
Implementation
The authors claim “The analytical tools for evaluating partisan asymmetry, lack of responsiveness, and causation have also dramatically improved since Bandemer, Vieth, and LULAC.” They are wrong. The test of partisan asymmetry is worthless so long as Democrat voters cluster, and Republican voters don’t. It’s also worthless so long as the Voting Rights Act is interpreted to require “majority minority” districts that can elect Democrat “minority” candidates.
Moreover, new measures of asymmetry developed after LULAC rely on no “hypothetical” counterfactual at all. For example, the average-median difference is “a simple measure of asymmetry or skewness … [with] well-defined mathematical properties.” Wang, Three Practical Tests, supra, at 372. The average-median difference compares each party’s actual vote share in its median district to its average actual vote share across all districts. If the party’s median vote share is significantly lower than its average vote share, partisan asymmetry is at work.
Yes, because Democrat voters are clustered, and you expect the city districts to be more unbalanced than the non-city ones.
We continue to believe that experts can reliably assess the responsiveness and asymmetry of a newly enacted map by projecting the results of recent past statewide races onto the new district lines, especially in light of current extraordinarily high levels of partisan polarization.
Reality disagrees. To quote from Winkelman and Gordon:
In the 2016 general election, there were 12 Democratic members of Congress who won election in districts where Trump won the vote. Similarly, there were 23 Republican members of Congress who won in districts where Hillary Clinton won the popular vote.
And that’s the core problem with all this. Candidates matter. “Experts” do not. You want to require districts with certain levels of compactness, etc? Great! I’m all for it.
But the rest of their program is pure BS.
The facts of the Zimmerman case
July 20, 2013Elizabeth Scalia, blogging as “The Anchoress”, made some sadly uninformed comments about the Zimmerman trial. I wrote this, and decided to post here so I don’t have to write this up again. All feedback of a factual nature, either positive or negative, is quite welcome:
I am very disappointed in you, Elizabeth. Because it appears you’ve decided to comment on the Zimmerman case without bothering to actually find out what happened in the Zimmerman case.
So let’s consider some facts you appear to have missed, and see if you can come to a more enlightened opinion:
1: A neighbor of Zimmerman’s was home alone with her infant, when someone tried to break in. 911 told her to grab a weapon and hide. She grabbed a screwdriver, and hid in her room with her baby. Someone jiggled the handle on her bedroom door, robbed her house, and escaped, all before the police arrived.
Zimmerman and his wife befriended the woman, helped her deal with her terror, and bought her a new deadbolt. Then Zimmerman started the Neighborhood Watch program for their area.
2: Relying on police reports about burglary suspects, Zimmerman made multiple calls to the police about teenaged boys engaging in suspicious behavior. The result of those calls was that a black male teenager who lived in the complex was caught with stolen goods from multiple houses in the neighborhood. In one little irony, the kid was convicted in Judge Nelson’s courtroom (and if you don’t know that Judge Nelson was the trier of this case, you’re not qualified to comment on the trial, and should be embarrassed in yourself if you have commented on it).
3: Trayvon Martin was suspended from school twice. Once because he was caught with stolen jewelry in his backpack, the second time (which was why he was in Sanford) because he was caught with a used marijuana pipe in his backpack. The school security officers followed their boss’s policy of rarely reporting criminals, in order to get their boss awards for “cutting the crime rate”. (This came out because of this case.) If they’d actually reported the crimes, instead of just suspending Martin, he probably would not have been in Sanford that night.
4: Trayvon Martin’s cell phone had, hidden in a password protected file, pictures of him with jewelry on his bed, texts about his street fighting, texts from his younger brother asking to be taught how to fight, texts about buying and selling guns, and pictures of naked underage females.
5: The toxicology report on Martin said that he had the active form of THC in hsi bloodstream the night he died.
In short, Trayvon Martin was a thug. He was a crook, and he was a drug user. If Zimmerman had not killed him, the only real question is “would Martin have killed someone else before he got himself killed?” Happily, that answer turns out to be no.
6: George Zimmerman called the cops to say he saw someone wandering around, looking into the windows of a house where he knew the person didn’t live, acting strange, almost as if he was drugged.
If you have a problem with him making that call, your problem is with the whole idea of the Neighborhood Watch, not with George Zimmerman. The behavior he reported SHOULD be reported, it doesn’t matter if the person doing it is white black old or young.
7: Zimmerman tried to keep this suspicious character in sight. Eventually the person disappeared from his view, even when he stopped his car and got out. The person on the other end of his non-emergency police call told Zimmerman they “don’t need him to do that” (try to follow on foot), so Zimmerman went back to his car.
None of the above facts are disputable. You could, I suppose, try to claim that Zimmerman lied in his call, and Martin wasn’t really looking into any windows. But you would have to make that claim with zero supporting evidence.
So, please, tell us where Zimmerman displayed “bad judgment” in any of the above.
8: Zimmerman says he walked around in the area around his car, trying to find a street sign so he could tell the police who were on their way exactly where he was. Neighbors who lived there testified during the trial that it was hard to see street signs in the area, and that the street name had recently changed. In any event, Zimmerman got off the phone with the police.
9: Four minutes after Zimmerman lost sight of Martin, Martin confronted Zimmerman less than 20 yards from where Zimmerman’s car was parked. (Time information taken from phone records entered at the trial. Location taken from where Martin’s dead body was found.) If Martin had been trying to go home, he would have been there, safe and sound. If I understand Jeantel (the girl who was on the phone with Martin), Martin DID get to his dad’s girlfriend’s place, and then turned around and went back. In any event, given the amount of time Martin had to get home, the ONLY reason for him to run into Zimmerman at the place where he did was because he chose to seek out Zimmerman.
10: Martin confronted Zimmerman, Zimmerman responded defensively (rather than going on the offense and saying “why are you looking into windows of other people’s homes?”). We got that from Jeantel’s testimony. Then she claimed the call ended.
11: Zimmerman was struck in the nose, his nose was damaged, and bleeding. The back of his head was damaged from being struck into a concrete sidewalk. The defense’s forensic expert testified that the damage done to Zimmerman was potentially life threatening, that the police should have sent Zimmerman to the ER, and that if Zimmerman had died from his injuries, the police would have been sued, and lost. The prosecution’s witness, John Good, testified that he heard the screaming, went outside, saw Martin on top of Zimmerman, pinning Zimmerman down, and striking down at Zimmerman (he could not testify that he heard the blows hit). Good told Martin to stop. When he didn’t, Good said he was calling 911. Martin’s attack continued.
12: The witness who claimed that Zimmerman was on top said she was sure that the bigger person was on top, and since the only images she’d seen of Martin were the pictures from when Martin was 12, she assumed Zimmerman was bigger. This was false, as the defense demonstrated when they had Zimmerman stand next to a life sized cutout of Martin.
13: Martin was killed by a single shot to the chest. His shirt was in contact with the gun, but the gun was shot from two inches away from Martin’s chest (as determined by the powder burns on Martin’s chest). The hole in the shirt and the hole in Martin’s chest lined up to show that Martin was leaning forward when he was shot.
In short: Trayvon Martin confronted Zimmerman, punched him in the face, tackled him to the ground, and spent 40 seconds beating on him, inflicting potentially deadly damage on him, and giving no indication that he was going to stop until he had killed, or at least crippled, Zimmerman. Zimmerman then got his gun out, and shot his attacker, killing him.
There can be no “duty to retreat” when you’re pinned to the ground. Every state in the nation allows you to use deadly force to defend yourself when you can’t retreat, and are in reasonable fear of death. Zimmerman could not retreat, and was in reasonable fear of death.If you still think Florida has “some laws that should probably be reviewed” because of this case, it’s because you are taking the utterly fringe position that self defense should never be allowed.
I hope you will take some time to get yourself actually informed on this issue before saying anything more. And I hope you will offer George Zimmerman the apology he so richly deserves after your ill-informed and utterly unjustified hostile comments about him.
Tags:Crime, Facts, Ignorant commentary, Obama, Self defense, Stand Your Ground, Trayvon, Trayvon Martin, Zimmerman, Zimmerman Trial
Posted in Crime, Election 2012, Obama Administration, Political, Society | 1 Comment »