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Scenario: You are clerking for a U.S. Supreme Court Justice. An imaginary Texas city has just implemented two radical reforms to its city council elections. The first reform,designed to boost voter participation, is to accept votes cast via smartphone. Traditional ballots will still be accepted, although the number of voting days at polling places will be reduced due to the expectation that fewer people will vote in person. However, photo ID requirements remain in effect at polling places, as that is state (not city) law. The second reform, driven by egalitarian concerns, involves changing the way city council districts are assigned. Instead of dividing the city into ten geographical areas, each with the same number of citizens, this city has decided instead to assign all citizens to a “constituency,”
numbered 1 to 10. Rather than designating physical areas, each district will be comprised of the families in a particular income dectile (where District 1 is made up of all citizens whose families are in the bottom 10% of incomes, District 2 of families from the next 10%, and so on). Citizens would get reassigned to new Districts every ten years, after every census. A variety of interest groups have joined together to sue the city, all for
their various reasons, and the Supreme Court has agreed to hear Hunh v. Crazytown.
Task: Your justice has asked you to brief her on the constitutionality of these reforms.
What are the constitutional questions? How should she vote on them? What is the
reasoning? In justifying your recommendations, you should make reference to
opinions/texts we have read for the course (the "established Constitutional law"), and you
should explain why you take the position you do, and why you are less convinced by the
opposing position.
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