Breaking: Three-Judge Court Issues Order on Remedy in WI Partisan Gerrymandering Case, Teeing Up Issue for #SCOTUS Review

The three-judge court considering the Wisconsin partisan gerrymandering case, Whitford v. Nichols, has issued this remedial order in the Wisconsin gerrymandering case. It requires the Wisconsin legislature to pass a new plan remedying the partisan gerrymandering found by the court at an earlier stage in the case. The plan must be enacted by Nov. 1, 2017 for use in the 2018 elections (unless the Supreme Court reverses on the merits).

This case will be appealed to the Supreme Court, where I think there is a good chance the Court will take it. (There is also a North Carolina case on this issue waiting in the wings, and a Maryland case on the way as well.) Here is my analysis of the Wisconsin case on the merits.

One way or the other, I expect within a few years the Supreme Court will rule on whether or not courts will police partisan gerrymandering, and with four votes in favor of doing so (the four liberal Justices) it will take Justice Kennedy to change his mind, or perhaps a new SCOTUS Justice, to get to 5. (Roberts and Alito have not fully weighed in on the question, but I expect them to be skeptical.)

 

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