Justice Breyer Floats Idea of Nine-Part Burden Shifting Test for Partisan Gerrymandering Claims, Suggests He and Kennedy Flesh It Out Over Three Years

SCOTUSBlog: During an oral argument monologue lasting more than 15 minutes in a Maryland partisan gerrymandering case, Justice Stephen Breyer suggested that solving the partisan gerrymandering problem would be “simple” if the Justices simply spent enough time to develop “a … Continue reading

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