Cory Conley (Emory University) has posted Florida for America: A Case for Federal Adoption of the Fair Districts Amendment on SSRN. Here is the abstract:
In 2010, Floridians overwhelmingly approved the Fair Districts Amendment, a landmark reform designed to curb partisan and racial gerrymandering by mandating impartiality, compactness, and respect for existing geographic boundaries in congressional districting. This amendment became nationally significant after the U.S. Supreme Court's 2019 decision in Rucho v. Common Cause, which declared federal courts unable to adjudicate partisan gerrymandering cases, effectively leaving such disputes to state-level solutions. Drawing on Florida's experience, particularly the Florida Supreme Court's rigorous enforcement in League of Women Voters v. Detzner, this paper argues that the United States Constitution should adopt a similar federal Fair Districts Amendment. Such an amendment would create a consistent federal "floor" for redistricting standards, promoting fairness in representation nationwide and providing a meaningful federal remedy where state-level protections fail. The article evaluates alternative solutions and ultimately advocates for a constitutional amendment incorporating specific, enforceable standards, along with a guarantee of judicial remedies to ensure robust enforcement.
