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
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… Continue reading
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:… Continue reading
Yesterday, Nick offered some thoughts on the arguments in the Rucho and Benisek partisan gerrymandering cases, and several Justices’ fixation on whether all of this litigation is just a Trojan horse for achieving proportional representation. Nick’s post highlights the fact… Continue reading
In my write-up of what’s at stake in the partisan gerrymandering cases over at Slate, I focused on whether Chief Justice Roberts is in play. I dismissed whether Justice Kavanaugh is in play with a single sentence: “And while… Continue reading
What a story from NPR:
Emmet Jopling Bondurant II knew about the civil rights movement when he was a student at the University of Georgia in the 1950s, but he didn’t join it.“I was trying to get through college,” the… Continue reading
Ralph Hise and David Lewis in The Atlantic:
“I propose that we draw the maps to give a partisan advantage to 10 Republicans and three Democrats, because I do not believe it’s possible to draw a map with 11… Continue reading
If the Supreme Court agreed, this would mean the the Enumerations Clause issue, which was not reached in the NY case but was decided in the CA case, would be decided in the NY case only. That would mean no… Continue reading