Arkansas redistricting case left with judge; ruling expected next week


The fate of Arkansas' newly drawn state House of Representatives district map rests with U.S. District Judge Lee Rudofsky, who said a ruling may not be entered until early next week.

Rudofsky is overseeing the redistricting lawsuit, which was filed Dec. 29 by American Civil Liberties Union attorneys on behalf of the Arkansas State Conference NAACP and the Arkansas Public Policy Panel against the three member Board of Apportionment, which consists of Republicans Gov. Asa Hutchinson, Attorney General Leslie Rutledge and Secretary of State John Thurston.

The board is tasked with the once-a-decade redrawing of legislative boundaries in Arkansas after the decennial census.

The lawsuit is challenging the board's new districts for the state House, claiming it dilutes the influence of Black voters, allocating 11 of 100 House districts as Black majority districts despite Black Arkansans comprising 16.5% of the total population and 15.5% of the voting age population.

The plaintiffs are seeking a preliminary injunction to either prevent the new map from going into effect before the next election on May 4 or to blunt its impact. The latter entails asking Rudofsky to reduce the upcoming House terms to one year and requiring the state to hold new House elections in 2023 under newly drawn House districts for another one-year term.

Complicating the case are a number of factors, including winter weather, which delayed the proceedings by knocking two days out of the court calendar Thursday and Friday. A rare Saturday court session became even more important as the court tried to make up for lost time, resulting in 11 hours of testimony Monday before both sides concluded witness testimony and began preparations for closing arguments Tuesday.

When drawing legislative maps, states are required under federal law to consider race to prevent diluting the influence of minorities, particularly Black voters. But district map makers are also asked to consider several factors during redistricting, such as not splitting similar communities, cities or counties.

On Tuesday, Rudofsky summed up the dilemma facing the district court when faced with prior court rulings on redistricting.

"It's very hard for me to figure out what these courts mean when they say don't take race into account a lot but take race into account," he said. "I understand what they've said, but it sounds a whole lot more like a system we've set up to say something and then not really do what we're saying and I don't know how to resolve that ... I'm just a lowly district judge, and I don't get to change what the Supreme Court has said. But it strikes me that there really doesn't seem to be a lot of room between don't let race predominate but take race into account."

Rudofsky said on Tuesday that he will issue a ruling on the matter as soon as possible but it would likely be sometime next week.

The candidate filing period for the May 4 primary election and the nonpartisan general election begins Feb. 22 and ends March 1, according to the state's election calendar. His announcement came after two rounds of grueling questions asked of both sides as each presented their closing arguments.

"I know it is very important to get a decision as soon as possible for a whole host of reasons including the very important nature of this issue involving the calendar and everything else," Rudofsky said. "I think this is a hard case on a lot 0f different legal and factual levels."

Rudofsky said he will take time to review the hearing transcripts and will likely make a decision today or tomorrow and will then write up a decision.

"We will essentially be working 24/7 until we get it out there," he said. "Depending on circumstances this will either be a moderately lengthy opinion or a very lengthy opinion so I'll get it to you as soon as I can, but I would not expect it before the beginning or the middle of next week."

In a Tuesday news release, the ACLU of Arkansas said the redistricting plan put forth by the state Board of Apportionment diluted the voting strength of Black voters in Central Arkansas, the Upper Delta, the Lower Delta and southwest Arkansas. Based on census data, the board should have drawn at least five additional Black-majority districts, and there should be 16 majority Black seats.

"In their current form, these maps would undermine the voting strength of Black Arkansans and alter how our communities are represented for the next decade," said Holly Dickson, ACLU of Arkansas executive director, in the release. "Census data clearly shows us that in the past decade, the Black population in Arkansas grew, while the white population shrank, but the [Board of Apportionment] nevertheless decreased the number of Black districts."

According to census data, the white population of Arkansas decreased by about 110,000 people, while the Black population increased by nearly 30,000. The House district map approved by the Board of Apportionment reduced the number of Black majority districts in the state from 12 to 11.

Regardless of how Rudofsky rules, he said last week the case will most likely wind up in front of the 8th Circuit Court of Appeals. Lawyers familiar with the case said it could even go to the U.S. Supreme Court, though a long shot.

A redistricting case brought before the Supreme Court from Alabama resulted Monday in a 5-4 decision, reversing a lower court ruling that the Alabama map discriminated against Black voters and would have forced the state to draw a new congressional map with two districts likely to elect Black congressional members.

Just before proceedings closed on Monday, Rudofsky announced he received a note from his clerk saying the U.S. Supreme Court issued a stay in Alabama, meaning the newly drawn districts in Alabama, which were similarly challenged on racial discrimination grounds, will remain in place.

"I tell you all because I'm guessing you may want to look at that -- if that does shed any light on tomorrow," Rudofsky said on Monday.

Information for this article was contributed by Neal Earley of the Arkansas Democrat-Gazette.


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