With Justice Kennedy Seriously Considering Being the 5th Vote to Rein in Partisan Gerrymandering, The Chief Justice Worries About the Political Thicket

Before oral argument I explained that the vote in Gill v. Whitford is likely to come down to Justice Kennedy, with the Court’s four liberal Justices voting to rein in partisan gerrymandering and the four conservatives voting against it. From today’s … Continue reading

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“Litigating the Line Between Past and Present; The Supreme Court is about to take up another blockbuster voting rights case. At its core is a struggle over the limits of history.”

Sara Mayeux for Bunk History: How past is the past? That quandary, among the definitional puzzles of the human condition, is also the crux of the voting rights battles currently rending statehouses and federal courts around the country. Election law … Continue reading

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Issacharoff and Grossman: ACLU: Partisan Gerrymandering Undermines the Integrity of Elections, Violates Right to Cast a Meaningful Ballot

The following is a guest post from Sam Issacharoff and Perry Grossman who worked on this amicus brief in the Whitford case: In his concurrence in Vieth v. Jubilirer, Justice Kennedy suggested that the First Amendment provides a “sounder and more … Continue reading

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ELB Podcast Episode 18. Eric McGhee and Nick Stephanopoulos: Whitford, the Efficiency Gap, and the Future of Partisan Gerrymandering

Is the Supreme Court ready to finally rein in partisan gerrymandering? Can social science give us a manageable standard to decide when there’s too much politics in redistricting? Is the “efficiency gap” Justice Kennedy’s holy grail? On Episode 18 of … Continue reading

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