Sixth District remap panel wraps up its work — and a word from Arnie

Our Emergency Commission on Sixth Congressional District Gerrymandering sent a proposed new Sixth and Eighth District map to Governor Hogan last week, which he immediately introduced as legislation. On Monday morning, again by a unanimous vote, we approved our final report to send to the governor, which was published yesterday. The core of the report, summarizing the public hearings and map submissions and explaining our choices and recommendations, is not long: pp. 14-25. So check it out.

You should also listen to former California Gov. Arnold Schwarzenegger on the subject:

More coverage, mixing the Supreme Court case from last week with mentions of our remedial efforts: Samantha Hogan, Frederick News Post (with picture) and earlier, Bruce DePuyt and Robin Bravender, Maryland Matters (also with good pictures), Tamela Baker, Herald-Mail (Hagerstown), Jennifer Barrios, Washington Post, Kimberly Eiten/WJZ, Dominique Maria Bonessi, WAMU; Maryland Association of Counties, Conduit Street podcast (redistricting segment is c. 21.30-30.00).

Also, Nina Totenberg’s approach to Schwarzenegger on the Supreme Court steps became a viral meme and I’m in it:

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In the Washington Post on the $15 wage bill

New from me and Cato colleague Ryan Bourne in the Washington Post [Cato reprint]:

One thing we’ve learned in this year’s debate over a statewide $15 minimum wage, now set to become law after the legislature overrode Gov. Larry Hogan’s (R) veto today, is that affluent central Maryland doesn’t want to listen to hard-hit rural Maryland….

In the debate over the $15 minimum wage, lawmakers from [already high-wage] Montgomery County, Baltimore City and Howard County were nearly unanimously in favor, with most delegates supporting strong versions of the scheme. Meanwhile, most lawmakers from depressed parts of the state were passionately opposed.

Guess who had the numbers to outvote whom?…

Affluent sections of Maryland can vote for $15 without much worry that a large share of their job base will disappear. Poor counties can’t.

Related: Earlier observations of mine on the bill here. “The article Alan Krueger wrote that I wish Fight For 15 advocates would read.” Highly informative Jacob Vigdor/Russ Roberts interview on the Seattle studies, and on the strategies that employers (restaurants in particular) use to adjust [David Henderson, Econlib] More on the problems of applying a uniform law to portions of the country with seriously different wage levels and costs of living [Daniel McLaughlin, NRO] Ryan Bourne on adjustments at Whole Foods following its accession under political pressure to a $15 minimum [Cato]. [adapted from Overlawyered]

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Lamone v. Benisek, brought to life on video

The Maryland gerrymander case, back for its third trip to the Supreme Court, was argued March 26. This Federalist Society animated video about the case has me as narrator. Jon Levitan at SCOTUSBlog rounds up commentary on the oral argument. The Brennan Center offers an annotated guide to the amicus briefs. [cross-posted from Overlawyered]

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“Bail reform falling short of goals”

A Capital News Service series published at Maryland Matters confirms that in Maryland, at least, bail reform has had trouble meeting its intended goals. In particular, while the number held for inability to meet bail has dropped sharply since the adoption of reforms in February 2017, Baltimore in particular has seen an offsetting jump in the rate at which judges hold defendants without making bail available. Statewide, “the number of people held with bail decreased from 29.8 percent to 18.4 percent over the past 18 months, while the number of people held without bail has increased from 13.6 percent to 22.6 percent.” [Alicia Cherem and Carly Taylor with sidebar by Kaitlyn Hopkins and James Crabtree-Hannigan] I reported on the same trend in 2017 and again last year.

A second entry in the series examines the adoption of pretrial risk assessment algorithms which can make up for some of the lost functions of cash bail, a county-by-county process still under way across the state [Angela Roberts and Nora Eckert] A third looks at the “trial penalty”: numbers show that “defendants who reject plea bargains and are convicted when they choose to go to trial for many types of crimes face longer sentences – sometimes substantially longer – than defendants who make a deal.” [Shruti Bhatt, Angela Roberts and Nora Eckert]

It’s worth remembering that state ventures in bail reform can lead to quite different outcomes depending on the strategy tried. New Jersey, which has won praise for its careful development of pretrial services, “is approaching two years operating a bail system where people don’t have to pay money to be free from jail. The crime wave some warned about hasn’t happened.” [Scott Shackford, ReasonMarc Levin, Real Clear Policy] [cross-posted from Overlawyered]

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The rush to spend Kirwan bucks

The majority party in Annapolis is rushing to appropriate a “down payment” of more than $1 billion over two years to implement the lavish spending proposals of the latest blue-ribbon commission on education issues. They’re in no similar rush to implement the Kirwan Commission’s supposed accountability proposals, maybe because those were just pretend anyway, intended as cover for the resource grab. In fact, the same majority party is moving to close down, rather than expand, choice options for parents and families seeking to escape the monopoly system.

The editorialists at the Washington Post have this figured out:

There seems to have been a headlong rush to embrace the commission’s recommendations, with most state politicians swearing fealty to them in last year’s elections. That should give serious pause to Maryland taxpayers. It’s not only that they will be footing the bill with higher taxes or cutbacks in other services. The state’s previous experience also demonstrated the shortcomings, if not outright failure, of increased education expenditures to produce better outcomes.

A previous educational commission, called the Thornton Commission, prompted a historic boost in school spending after 2002. Yet less than 40 percent of Maryland high school graduates can read at a 10th-grade level or pass an Algebra 1 exam. … Rather than simply rubber-stamping a push for massive new school spending, lawmakers should be asking the hard questions of whether Maryland families and children will really be helped.

If only Maryland voters had it figured out too.

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Sixth District map proposed: hearings set in Germantown March 12, Hagerstown March 20

From Governor Larry Hogan’s redistricting page:

On Friday, March 1, Governor Hogan’s Emergency Commission on Sixth Congressional District Gerrymandering approved a proposed redistricting map with adjusted district boundary lines for the Sixth Congressional District. You can click below to see the 2011 map, the new 2019 proposed map, and an interactive 2019 map.

There will be also be two additional public meetings, followed by a commission workshop.

Public Meetings

* Tuesday, March 12 in Montgomery County at the BlackRock Center for the Arts, 12901 Town Commons Drive, Germantown, MD 20874

* Wednesday, March 20 in Washington County (Hagerstown – location to be determined)

* Commission Workshop (Open to the public to observe) – Friday, March 22 in Annapolis (location to be determined)

Public comments can also be made at the site through March 20. Coverage: Samantha Hogan/Frederick News Post, Jennifer Barrios/Washington Post, Bruce DePuyt/Maryland Matters.

Detailed maps are available at the link above, but here’s a screengrab of the line the adopted map would draw across Montgomery County:

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Some minimum wage notes

It really is amazing that campaigners for a $15 minimum wage law in Maryland, simply by producing a few business people who take their side, can get the Washington Post to report that the state’s business community is “split” on the issue.

While on the subject, it’s also revealing about the state of coalition politics (and ideology) when a nanny-state anti-sugar group goes to bat for a $15 minimum wage law.

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Party official: Second Amendment protesters “homegrown terrorists,” “time to dox” them

“Really, don’t worry about the Red Flag law. The only way police are going to show up at your door to seize your guns is if someone reports you as being a danger.”

“What kind of danger?”

“Oh, I don’t know, a terrorist or something.”

* * *

Separately, Merriam-Webster defines dox as “to publicly identify or publish private information about (someone) especially as a form of punishment or revenge.” Even if calling adversaries terrorists has somehow been normalized, calling for them to be doxxed still hasn’t, right?

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Brian Frosh, Title IX, and the presumption of innocence

Attorneys general from 18 states, including Maryland’s Brian Frosh, have signed a letter arguing against a presumption of innocence for students accused under Title IX, saying it “improperly tilts the process” in favor of the accused. There’s a good argument that the feds should not be dictating colleges’ disciplinary standards at all, but that’s not what’s at issue here; the signers favor strong federal intervention, but on behalf of standards more favorable to accusers.

Conor Friedersdorf has more at The Atlantic.

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Cyberbullying and the Constitution

The Maryland Senate has unanimously approved a new bill (“Grace’s Law 2.0”) expanding the state’s “cyberbullying” law. The bill would increase maximum penalties for violation to three years in prison while removing “requirements in current law that a harassing message must be sent directly to a victim and language that required a continuing course of conduct. The new law would allow prosecution for a single, significant act that has the effect of intimidating, tormenting or harassing a minor and which causes physical injury or serious emotional distress to a minor to be prosecuted if the actions were malicious and had the intended effect.”

In response to ongoing concern that the measure infringes the First Amendment, chief bill sponsor and Judiciary Committee Chair Sen. Bobby Zirkin (D-Baltimore County) said, “… If we’ve overstepped our bounds in any part of this, then we’ll find out when the Court of Appeals says so.” Put differently, we’re passing a bill parts of which may be unconstitutional, but we’re going to leave that to the courts to spot and fix.

One problem with this “it’s not our department” view is that it’s not just the judges on the Court of Appeals who take an oath to support the Constitution, it’s also the members of the Maryland General Assembly (related, federal). I was critical of the original “Grace’s Law” at the time; see also here.

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