Breaking: Three Judge Federal Court Unanimously Strikes Maryland Congressional District as Partisan Gerrymander

The judges considered two First Amendment-based theories: all three joined in one of the theories, and two in the other.

This will go on direct appeal to the Supreme Court, in a case with an opinion written by a well respected conservative judge (Niemeyer) and involving a finding of gerrymandering against Democrats.

This will likely get taken up with the North Carolina case which involves a Republican gerrymander.

As I recently wrote at the HLR Blog, the Court without Justice Kennedy is much less likely to police partisan gerrymandering under the U.S. Constitution.

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