{"title":"Ranked-Choice Voting as Reprieve from the Court-Ordered Map","authors":"Benjamin R. Lempert","doi":"10.36644/mlr.119.8.ranked","DOIUrl":null,"url":null,"abstract":"Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial role.","PeriodicalId":47790,"journal":{"name":"Michigan Law Review","volume":"1 1","pages":""},"PeriodicalIF":2.1000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Michigan Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.36644/mlr.119.8.ranked","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial role.
期刊介绍:
The Michigan Law Review is a journal of legal scholarship. Eight issues are published annually. Seven of each volume"s eight issues ordinarily are composed of two major parts: Articles by legal scholars and practitioners, and Notes written by the student editors. One issue in each volume is devoted to book reviews. Occasionally, special issues are devoted to symposia or colloquia. First Impressions, the online companion to the Michigan Law Review, publishes op-ed length articles by academics, judges, and practitioners on current legal issues. This extension of the printed journal facilitates quick dissemination of the legal community’s initial impressions of important judicial decisions, legislative developments, and timely legal policy issues.