“Balkinization Symposium on Neal Devins and Lawrence Baum, The Company They Keep– Collected Posts”

Balkinization: Here are the collected posts for our Balkinization symposium on Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). 1. Jack Balkin, Introduction to Balkinization Symposium on Neal … Continue reading

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Are Congressional Action, Voter-Established Redistricting Commissions, or State Courts Good Substitutes or Supplement for Federal Court Review of Partisan Gerrymanders?

At the recent oral argument in the partisan gerrymandering cases, both Justices Gorsuch and Kavanaugh raised the question whether partisan gerrymandering is a problem that could solve itself without federal court intervention. One possibility is through congressional action establishing state … Continue reading

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“Equality, More or Less: How the Supreme Court Might Fix Gerrymandering”

Michael Latner: The lower equality standard reflected in current Constitutional interpretations is well understood among both election law experts and political scientists. Justice Breyer has noted the tension between single-seat districts and proportional representation. The most prominent metric of partisan advantage in … Continue reading

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“Neil Gorsuch’s Bad-Faith Ploy to Save Partisan Gerrymandering and Doom American Democracy”

Mark Joseph Stern for Slate: As Talking Points Memo’s Tierney Sneed has observed, Gorsuch’s question effectively weaponizes redistricting reform as an argument againstfederal court intervention. His solution—let the people solve the problem—is absurd for at least two reasons: The court may … Continue reading

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Breaking: Supreme Court in Census Citizenship Case Adds Constitutional Question (Enumeration Clause) to the Ongoing Briefing in the Case

Hansi Lo Wang: NEW: The Supreme Court has expanded the #CitizenshipQuestion case at #SCOTUS to consider whether including the question is unconstitutional, in addition to whether adding it violated administrative law?https://t.co/EA9sXoIlR1 pic.twitter.com/fKXv9CoUnj— Hansi Lo Wang (@hansilowang) March 15, 2019 As … Continue reading

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According to New Book on Justice O’Connor, J. Scalia Thought Equal Protection Rationale of Bush v. Gore Was “as We Say in Brooklyn, a Piece of Shit”

New book is “First” by Evan Thomas and here’s the excerpt, courtesy of Mike Sacks: Some behind the scenes detail of Bush v Gore: -O’Connor backfired her bestie Breyer’s bid for Kennedy’s vote -Scalia went along with what he thought … Continue reading

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“US Supreme Court Won’t Take Challenge To Montana Campaign Finance Law”

Montana Public Radio: Montana’s 2015 campaign finance law survived its biggest test Tuesday. The U.S. Supreme Court, without comment, declined to take up a case challenging the state’s Disclose Act. The high court leaves in place a lower court’s ruling that Montana’s so-called ‘Disclose … Continue reading

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More Entries Posted at SCOTUSBlog Symposium on Partisan Gerrymandering Cases

DateAuthorPost Title02.11.19Justin LevittSymposium: Clarity of the record should bring clarity of purpose02.08.19Tyler GreenSymposium: 1 First Street, NE, Punxsutawney, PA02.07.19Guy-Uriel E. Charles and Luis E. Fuentes-RohwerSymposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases02.07.19Kaylan PhillipsSymposium: Much ado … Continue reading

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