“The Signature of Gerrymandering in Rucho v. Common Cause”

Andrew Chin, Gregory Herschlag, and Jonathan Mattingly have posted this draft on SSRN (forthcoming, South Carolina Law Review). Here is the abstract:

In recent years, the U.S. mathematical community has been directing unprecedented attention to the problem of partisan gerrymandering, aided by computational advances and spurred by litigation challenging the spate of extreme partisan redistricting that followed the 2010 census. As North Carolina scholars who have been involved in the landmark Rucho v. Common Cause litigation, we have written this Article with the threefold aim of explaining how the expert analysis of North Carolina’s congressional map was performed, how it was used to substantiate the plaintiffs’ claims at trial and on remand, and crucially, how it may serve to address the justiciability concerns that have long attended the Supreme Court’s partisan gerrymandering jurisprudence and have represented the legal context for our work.

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