Voters Don’t Decide Who Wins; Map Drawers Do

Top: Republicans control 13 of Pennsylvania’s 18 Congressional Districts. Bottom: Alternative map, drawn by State Senator Daylin Leach, gives Democrats control of 13 districts.

Top: Republicans control 13 of Pennsylvania’s 18 Congressional Districts. Bottom: Alternative map, drawn by State Senator Daylin Leach, gives Democrats control of 13 districts.

As a democracy, we are proud of our electoral system: We assume that citizens, through their vote, wield the ultimate power over our government and determine who shall represent them.

However, this is not the case in reality. Rather, legislatures, through their redistricting authority, draw electoral maps specifically engineered to re-elect themselves and their colleagues.

In 2012, the majority of Pennsylvanians (50.24%) voted for Democratic candidates for Congress while 48.74% who voted for Republicans, and 1.02% who voted for other candidates.

However, Democratic candidates prevailed in only five of the 18 congressional districts: Bob Brady and Chaka Fattah in Philadelphia, Mike Doyle in Pittsburgh, Allyson Schwartz in the Philadelphia suburbs, and Matt Cartwright in northeastern Pennsylvania.

Was this simply a matter of luck?

Packing and Cracking

The district map was designed to pack as many democrats as possible into these five districts. Fattah, for example cruised to victory with 89.28% of the votes, versus 9.37% for Robert Mansfield and 1.35% for James Foster.

By forcing the Democratic voters to “waste” votes in districts where they are a super-majority, the Republican politicians are able to construct 13 districts with sensible Republican majorities.

Conversely, Democratic seats in other Democratic strongholds such as Harrisburg and the Pittsburgh suburbs were prevented by cracking those areas into pieces and diluting them with outlying areas that lean Republican.

In other words, voters do not choose the representatives who share their values; rather, the legislators wielding their pens choose the constituents whose support they can count on in the voting booth.

The rest of the article, and TED Talk by State Sen. Daylin Leach, follow the jump.
Since the redistricting process was controlled by Pennsylvania’s Republican governor, Tom Corbett, and the Republican majorities in the state House, State Senate and Legislative Reapportionment Commission, it is not surprising that the results are skewed in favor of the Republicans as far as mathematically and legally possible.

If Democrats Drew the Map

To illustrate how easily the results can be skewed in the opposite direction, Pennsylvania State Senator Daylin Leach drew a map, which shows Democratic majorities in 13 congressional districts, and Republican majorities in the remaining five districts.

In other words, if the map had been different, the congressional election could have been completely reversed — 13-5 instead of 5-13 — without a single Pennsylvanian changing his vote. What a farce our elections have become!

In fact, one could draw an even more skewed map, with more homogeneous districts, giving Democrats small majorities in every single district, and leaving the Republicans with no representation at all.

Could it be argued that the Republican-skewed map was dictated by the rules and the demographics, rather than by political interests?

Both Leach’s map and the actual map feature contiguous districts almost equal in population. However, Leach’s map has more “compact” districts, whereas the actual map has districts which meander across the state in search of pockets of Democrats or Republicans as the case may be.

Furthermore, the Pennsylvania State Constitution requires legislative districts to avoid splitting counties, cities, towns, boroughs, townships and wards “unless absolutely necessary.” Some splitting is necessary, because Philadelphia is too large to fit inside single district. However, Leach’s map has three fewer splits than the  map adopted by the state assembly.

Our state’s congressional delegation should be truly representative of the makeup of our state, and the Pennsylvania State Constitution should be amended to enshrine this principle into law.

Musical Chairs: GOP Plans for Pennsylvania Redistricting


This coming week the Census Bureau will be releasing detailed data required for the redistricting of Arizona, California, Connecticut, Idaho, Pennsylvania, and Washington.

In Pennsylvania, the Republicans control all the levers of power; they control the Pennsylvania House of Representative 112-91 and  the Pennsylvania Senate 30-20 while Republican Tom Corbett is Governor.

According to Keegan Gibson at PoliticsPA, “the Republican delegation is coming to Harrisburg” today to plan the redistricting which will change this district map and shape the elections over the next 10 years.

Here are some scenarios that PA’s Republican Congressmen are talking about, according to sources close to the delegation:

  • Schwartz vs. Fattah
    Republicans are eying the possibility of matching up two of PA’s most powerful Democrats in a fratricidal showdown. Allyson Schwartz has millions of campaign dollars and the support of the white collar liberals of the Philly suburbs. Her district currently abuts that of Chaka Fattah, the most liked public figure in Philadelphia. It’s unlikely either would be willing to budge from their seat if their districts were combined, and that would mean a knock-down, drag-out fight between the liberal white Democrats of the suburbs and the African-American Democrats of Philly. What Republican wouldn’t love to see that?
  • Go West, Suburban Republicans
    Each of the Philly area Republicans hopes to have his district made more secure, and they’re looking west to do it.  The state’s population growth is disproportionately found in south central PA, meaning that the Lancaster-based 16th district is likely to contract. That would leave room for Reps. Gerlach and Meehan to move west into the conservative parts of Chester County. Rep. Joe Pitts is the X-factor. The 71 year-old dean of the GOP delegation, Pitts lives in Chester County and would prefer to keep the seat based there.
  • Shuffle Southwest PA Dems and Beat Altmire the Old-Fashioned Way
    The GOP sees Rep. Jason Altmire as the most vulnerable Democrat in PA, but Republicans (read: Reps. Tim Murphy and Bill Shuster) don’t want to pick up Democratic voters from his district.  The GOP is looking at ways to move Democratic voters from Altmire’s district into either that of Rep. Mark Critz or Rep. Mike Doyle in an effort to tweak the 4th district and ensure a GOP win there. And they’re paying attention to rumblings of a Democratic primary challenger for Altmire.
  • Barletta Blues
    No Republican plan currently on the table will make Rep. Lou Barletta’s Scranton and Wilkes-Barre-based district a sure bet for the freshman Congressman. Barring some radical shift in Tim Holden’s 17th district to include the city of Scranton (which is regarded as a distant possibility at this point), Barletta’s district will become only slightly more favorable for Republicans and will still contain the city of Scranton.
  • Democratic Winners
    GOP plans to secure their districts will come as good news to some Democrats, who’s districts are likely to absorb the Democrats that Republicans don’t want. Some of those winners include (as of the current plans): Rep. Mark Critz, Rep. Tim Holden, and Rep. Mike Doyle. Each of their districts is likely to get more blue.

2010 Census Details about Pennsylvania and other states are available after the jump courtesy of the Census Bureau as they become available.

Law & Reorder: Legal Industry Trends and Future

Bonnie Squires

A panel of prominent legal observers took part in a discussion focused on legal industry trends and the future of the profession on Tuesday, Feb. 1, at Philadelphia Bar Association headquarters in Philadelphia. The program, Law & Reorder: Legal Industry Trends & the Future of the Profession,  focusing on the book by the same name, written by Deborah Epstein Henry, Esq., was co-sponsored by the Association’s Large, Mid-Size, and Solo and Small Firm Management Committees; the Women in the Profession Committee; and the Bar-News Media Committee.

The program featured an interview by Comcast television’s Lynn Doyle with Deborah Epstein Henry, author of Law & Reorder. Henry is the founder of Flex-Time Lawyers LLC. Following the interview, Doyle moderated a panel discussion with Henry; Carol Ann Petren, Executive Vice President, General Counsel and Corporate Secretary, CIGNA Corporation; JoAnne A. Epps, Dean, Temple University Beasley School of Law; and Abraham C. Reich, Co-Chair, Fox Rothschild LLP.

More after the jump.


At the Philadelphia Bar Association panel discussion on legal industry trends are (left to right) Deborah Epstein Henry, Esq., author of Law & Reorder: Legal Industry Trends & the Future of the Profession; Abe Reich, Esq., former Chancellor of the Philadelphia Bar Association; and Lynn Doyle, host of Comcast television’s “It’s Your Call.”

Photo: Bonnie Squires

Topics discussed at the event included the threat to the billable hour, the rise of new models of legal practice, the morphing of large law firms, the development of talent management strategies, and the creation of work/life and women-friendly employers. The program also addressed how lawyers can successfully navigate today’s – and tomorrow’s – changing legal environment, including an emphasis on productivity, leadership, mentoring, promotion, work/life balance, transition, compensation and networking.

Law & Reorder has been endorsed by 25 legal and other industry leaders including general counsels, managing partners, law school deans, leaders of bar and women’s associations, legal industry experts, and career and work/life experts. Among the prominent leaders who have endorsed the book are the general counsels of Wal-Mart, DuPont, CIGNA, Verizon, General Electric, Allstate Insurance and the Association of Corporate Counsel. The Feb. 1 event is part of the Law & Reorder national book tour.  Among the prominent attorneys endorsing the book are Roberta Liebenberg, of Philadelphia, who chairs the American Bar Association Commission on Women in the Profession.