April 28, 2004

Breaking News: Vieth opinion released

Here's the report from Marty Lederman sent via Amy Howe. More to come:
Marty Lederman is at the Court and asked me to let you know (if you hadnít heard already) that the Court affirmed 5-4 in Vieth. Justice Scalia wrote for the plurality, while Kennedy concurred in the judgment in what would be the controlling opinion. The plurality would overrule Davis, but Kennedy apparently writes that he would not rule out all partisan gerrymandering claims. There's a bit more detail here. More to come.
Update 1: Here is the early A.P. report, confirming that Justice Kennedy's opinion appears to be decisive here.
Update 2: Those with Lexis access can find the opinion at 2004 U.S. LEXIS 3233. Thanks to Luke McLoughlin for the pointer.
Update 3: Westlaw: 2004 WL 894316 (Thanks to Benjamin Ledsham for the link).
Update 4: The Supreme Court has posted a pdf of the opinion here. And here is an updated A.P. report.
Analysis to follow. There is a lot to digest here.

Posted by Rick Hasen at April 28, 2004 07:08 AM