Skip to content
Search

Latest Stories

Follow Us:
Top Stories

How to Slay a Dragon: Reflections on a documentary

Opinion

How to Slay a Dragon: Reflections on a documentary

"My favorite scene is when a U-Haul truck pulls up outside the office of the Michigan secretary of state and volunteers line up to pass boxes full of petitions from hand to hand into the filing office," writes Harry Kresky.

YouTube

Kresky is an attorney in New York. He wrote this piece for Independent Voter News.

I recently had the pleasure of watching "Slay the Dragon," Barak Goodman and Chris Durrance's stunning documentary on the fight against partisan gerrymandering in Michigan and Wisconsin. It played before a full house at Betaworks Studios in lower Manhattan.

The film tracked parallel efforts in the courts and on the ground. In Wisconsin a group of Democratic Party activists put together a high-powered legal team to sue in federal court, arguing that in 2011 the Wisconsin legislature enacted a redistricting scheme that disadvantaged Democrats. The measure of the disadvantage was the disparity between the vote statewide for Democratic Party candidates and the number of seats the party won in the state legislature in 2012. The case succeeded in the lower courts but was reversed by the Supreme Court on the grounds that the plaintiffs lacked standing.

Across Lake Michigan, Katie Fahey put together a grassroots effort to place a referendum on the ballot to establish a non-partisan redistricting commission. Fahey, a political novice, launched her campaign with a Facebook post asking others who thought gerrymandering unfair to join in doing something about it. The documentary takes us from the "kitchen table" drafting of the language of the initiative; to the approval of the ballot language by the Board of State Canvassers; to the statewide volunteer petition drive that netted 425,000 signatures; to an effort to block the initiative in court that failed when the Michigan Supreme Court voted 4-3 to allow it on the ballot, to the on-the-ground campaign that won a majority of 60 percent at the polls in November 2018.


My favorite scene is when a U-Haul truck pulls up outside the office of the Michigan secretary of state and volunteers line up to pass boxes full of petitions from hand to hand into the filing office. The grit and enthusiasm of this up-from-the-bottom effort is captured in Fahey's tears — first when she learns that the political parties went to court to challenge the ballot language, and later in the joy of her election night victory party.

The legal strategy begun in Wisconsin did not fare so well. Last year, the Supreme Court heard a second gerrymandering case, Rucho v. Common Cause. There, the court held that gerrymandering posed a political, not a legal question.

"Excessive partisanship in districting leads to results that reasonably seem unjust. But the fact that such gerrymandering is 'incompatible with democratic principles does not mean that the solution lies with the federal judiciary," Chief Justice John Roberts wrote for the majority. Partisan gerrymandering claims present political questions beyond the reach of the federal courts. Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions. '[J]udicial action must be governed by standard, by rule,' and must be 'principled, rational, and based upon reasoned distinctions' found in the Constitution or laws. Judicial review of partisan gerrymandering does not meet those basic requirements."

"Slay the Dragon" captures the difference in the two approaches to confronting the "dragon." The Michigan effort was non-partisan both in the outcome it sought — the non-partisan redistricting commission — and the character of the campaign whose slogan was "Voters not Politicians." The appeal was to fairness – let the voters decide, not the political professionals who seek to overdetermine outcomes by "packing" and "cracking" voters into districts that serve their partisan ends.

In Michigan and elsewhere, that meant blunting the strength of the opposition party by concentrating their voters in a few districts while spreading out the vote of the favored party so it could win more districts, albeit, by a narrower margin,

The question posed by the Fahey campaign was one of fairness and democracy (with a small "d") in contrast to asking the courts to redress the consequences of allowing the Republicans (or Democrats) to dominate state legislatures with the power to implement computer-generated gerrymandering that ensured they would continue their governmental control. One can understand why the disadvantaged party would want to undo the damage. I agree with Chief Justice Roberts that the federal courts do not have authority to do this for them.

That is the unstated but brilliantly portrayed message of "Slay the Dragon." This is one lesson to be learned from Fahey and her volunteer army.

Visit IVN.us for more coverage from Independent Voter News.


Read More

California Voters Don’t Like Either Party. Good Thing the Primary Doesn’t Belong to The Parties.

California voters increasingly distrust both major parties. Here's why the state's Top Two primary gives independent voters more power to shape elections.

Image: Duncan Shelby on Alamy.

California Voters Don’t Like Either Party. Good Thing the Primary Doesn’t Belong to The Parties.

SAN DIEGO, Calif. - California voters have already received ballots for the June 2 primary, and the message they have going into these elections may not be what the political class wants to hear: They are not thrilled with either major party.

A recent analysis from the Public Policy Institute of California (PPIC) found that majorities of likely voters have unfavorable views of both parties—61% unfavorable toward the Democratic Party and 70% unfavorable toward the Republican Party.

Keep ReadingShow less
How the Voting Rights Act Reshaped Texas’ Electoral Maps

President Lyndon B. Johnson, Martin Luther King Jr., Clarence Mitchell Jr., Patricia Roberts Harris, and other guests at the signing of the Voting Rights Act on August 6, 1965.

Yoichi Okamoto - Lyndon Baines Johnson Library and Museum

How the Voting Rights Act Reshaped Texas’ Electoral Maps

In 2002, U.S. Rep. Henry Bonilla, a Republican, nearly lost his South Texas seat to Democrat Henry Cuellar. So when the GOP used its newfound majority in the state Legislature to redraw the voting maps the next year, they sawed through Cuellar’s hometown of Laredo and scattered Latino voters, who tended to vote Democratic, into other districts.

Latino advocacy groups sued under Section 2 of the Voting Rights Act, the cornerstone provision of the law that prevents government bodies from diluting the voting power of specific groups. The Supreme Court found Texas lawmakers had taken away Latino voting power “because they were about to exercise it.”

Keep ReadingShow less
A group of people wait in line to get their ballots to vote in the election.

The National Popular Vote Interstate Compact could reshape presidential elections as Midwest states debate Electoral College reform, political polarization, and the future of winner-take-all voting in America.

Getty Images, SDI Productions

700+ Proposed Amendments Failed, Midwest Voters Can Succeed

The Midwest served as the vanguard and ideological heartland of the Progressive Era, acting as a crucial laboratory for political, social, and economic reforms that later adopted national significance. Midwestern states (the cradle of the movement) pioneered anti-monopoly efforts, democratic, and social improvements.

After 770+ failed proposed U.S. Constitutional Amendments (the most on record for one issue) to remedy the factionalism (21st century polarization) feared by the Framers of the U.S. Constitution.

Keep ReadingShow less
“We Can’t Afford It” Is Never an Acceptable Excuse To Deny Independents a Vote

DC voting rights advocate Lisa D.T. Rice criticized the DC City Council for failing to fund Initiative 83’s semi-open primary system, leaving 85,000 independent voters unable to participate in taxpayer-funded primaries despite overwhelming voter approval in 2024.

Photo by Getty Images on Unsplash.

“We Can’t Afford It” Is Never an Acceptable Excuse To Deny Independents a Vote

WASHINGTON, D.C. - Lisa D.T. Rice spoke before the DC City Council during a Budget Oversight Hearing on May 1 to talk about Initiative 83, the semi-open primary and ranked choice voting measure she proposed that was approved by 73% of voters in 2024.

- YouTube youtu.be

Keep ReadingShow less