Breaking: Unanimous 3-Judge Court, in 300-Page Opinion, Strikes Ohio Congressional Districts as Unconstitutional Partisan Gerrymanders

You can find the opinion at this link. From the introduction: We join the other federal courts that have held partisan gerrymandering unconstitutional and developed substantially similar standards for adjudicating such claims. We are convinced by the evidence that this … 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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