Category Archives: Supreme Court
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
Sam Wang: A Manageable Federalist Approach to Partisan Gerrymandering
The following is a guest post from Sam Wang:
Next month, the Supreme Court will hear Gill v. Whitford, concerning a partisan gerrymander of the Wisconsin State Assembly. Can the Court set a standard to limit this offense without opening… Continue reading
Gerken, Katz, King, Sabato and Wang Amicus Brief in WI Partisan Gerrymandering Case Pushes Symmetry Standard
“The New Front in the Gerrymandering Wars: Democracy vs. Math”
Emily Bazelon for NYT Magazine:
The Republicans tried hard to keep the mapmaking process a secret. But they weren’t successful. In the first of two lawsuits brought by Democratic voters, three federal judges berated Republican leaders in 2012 for ‘‘flailing… Continue reading
Read the Brief for Appellees in WI Partisan Gerrymandering Case
With Paul Smith as counsel of record.
Justice Alito Stays Order to Redo Texas Congressional Districts Pending Further Briefing at Supreme Court
This short stay (briefing done right after Labor Day) preserves the status quo until the full Court can consider the questions presented after further briefing.
I would not read too much into this order at this point, other than that… Continue reading
“Courting Corruption”
Stephen Weissman for The American Interest:
In January 2010, the nation’s highest court issued its opinion in the Citizens United campaign finance case, its most controversial ruling in this century. Yet despite the widespread criticism it has provoked, the full… Continue reading
“After losses on voting laws and districting, Texas turns to Supreme Court”
Bob Barnes column for WaPo:
The state of Texas is in the midst of an extraordinary losing streak in federal courts over the way it conducts elections. It is hoping the Supreme Court will come to the rescue.
In the… Continue reading
“The Equal Districts Efficiency Gap: Fundamental Gerrymandering Theory And An Analysis and Modification of the Efficiency Gap”
Ray Wallin has posted this draft on SSRN. Here is the abstract:
Recently the ‘efficiency gap’ method has gained notoriety by playing an important role in framing the Gill v Whitford gerrymandering case decided in Wisconsin and soon to be… Continue reading
Judge Niemeyer and intent in gerrymandering
A few days ago, Rick highlighted Judge Niemeyer’s dissent in the latest order in the Maryland partisan gerrymandering case. There are, as both Judge Niemeyer and the majority pointed out, some differences between the Maryland case and the Gill v. … Continue reading
Texas Appeals 3-Judge Court Ruling on Congressional Redistricting to Supreme Court
Press release.
The case is not final, and so there may be some issues with this being an appeal of an interlocutory (interim) order.
On the merits, the ruling is pretty good for Texas compared to what the Court might… Continue reading
“Husted, Arizona Inter Tribal, and Lessons from the Constitutional Structure”
Franita Tolson:
Husted is, therefore, more than just a case about statutory interpretation. It also implicates the Constitution’s allocation of power to the states and the federal government under the Elections Clause. As both the Arizona and Ohio laws illustrate,… Continue reading