Redistricting Litigation

Listen to Supreme Court Oral Arguments in the North Carolina Partisan Gerrymandering Case

By Michelle DavisApr 25, 2019

On March 26, the Supreme Court heard oral argument in Rucho v. Common Cause, a partisan gerrymandering case from North Carolina.Click here for background on this case and its companion case, Benesik v. Lamone (Maryland). For a pre oral symposium hosted by ScotusBlog, click here. Click here to listen to oral argument in its companion case, Benesik v. Lamone.

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SCOTUSblog Symposium in Anticipation of Oral Arguments in Partisan Gerrymandering Cases

By Michelle DavisFeb 25, 2019

. The Supreme Court will hear oral argument in two key partisan gerrymandering cases on March 26; one from Maryland (Benesik v. Lamone) and one from North Carolina (Rucho v. Common Cause). In preparation for these arguments, the editors at SCOTUSblog hosted this pre-argument symposium featuring a group of experts on redistricting law. Here is a quick summary of each contributor's essay. You can click to read each article in full. . Justin Levitt: Suggests that the unconstitutionality of excessive partisan gerrymandering follows from the fact that there is widespread agreement (in the legal community) that any State law that…

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Federal Court Rejects a Citizenship Question for the 2020 Census

By EditorJan 15, 2019

A New York federal district court has rejected the administration's bid to place a citizenship question on the upcoming 2020 census. The U.S. Department of Commerce, which is the main defendant in the lawsuit, will most likely appeal this decision but this just deepens the legal, financial and operational challenges that the Census Bureau must endure just under 15 months away from the 2020 census, the data from which, states and local governments will use to redraw electoral lines. NPR lists the possible effects that the current government shutdown and this lawsuit will have on census 2020 planning here. Read…

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Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

By Michelle DavisNov 14, 2018

On November 7th, after managing a protracted series of procedural issues involving a lawsuit that was initially filed in 2013, a federal district court panel invalidated Maryland's 6th congressional district on grounds that it was an unconstitutional partisan gerrymander. Maryland has until early March 2019 to enact a new congressional map or the court will create its own commission to do so. This case is notable since the court overturned the map on 1st amendment grounds instead of the 14th amendment, which until recently had been the basis for most if not all partisan gerrymandering challenges. (more…)

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Supreme Court Declines to Hear Pennsylvania Republican’s Congressional Map Appeal

By Michelle DavisNov 01, 2018

On Monday, the U.S. Supreme Court denied certiorari to Republican lawmakers in the Pennsylvania legislature after a January ruling by the Pa. State Supreme Court invalidating the congressional map enacted by the body in 2011. (more…)

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Listen to the NCSL Webinar on Recent Supreme Court Gerrymandering Decisions

By EditorJul 24, 2018

Last week the National Conference of State Legislatures hosted this webinar on the recent Supreme Court Partisan Gerrymandering decisions. You can watch/listen below. The discussion gives good insight into the current posture of the litigation in Wisconsin and Maryland and other states. (more…)

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Supreme Court Rules on Texas Redistricting

By EditorJul 09, 2018

Texas - Abbott v. Perez This is the most protracted post-census 2010 litigation to date. The original case challenged the Texas legislatures’ 2011 redistricting maps, but the litigation now centers around a new set of congressional and state legislative maps that Texas adopted in 2013. These “new” maps are actually closely based on the maps that the federal district court overseeing the litigation drew as interim maps under the Supreme Court’s guidance after it determined the initial interim maps went beyond the limited purpose of correcting legal deficiencies in the 2011 maps. . The issue before the Supreme Court this…

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Supreme Court Keeps Partisan Gerrymandering Challenge Alive in Wisconsin

By EditorJul 09, 2018

Wisconsin - Whitford v. Gill This case had been the one to watch because it offered the court an opportunity to expound on when partisan gerrymandering becomes egregious enough to violate the 14th amendment. In this case for the first time in history, a federal district court invalidated a statewide map as an unconstitutional partisan gerrymander. However, last week the Supreme Court, unceremoniously punted the case back by remanding it for the plaintiffs to properly show they have standing. The only thing the court did confirm in Whitford was that it would not consider 14th amendment based partisan gerrymandering challenges to…

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Supreme Court Decides Procedural Issue in Maryland Partisan Gerrymandering Case

By EditorJul 09, 2018

Maryland (Benisek v. Lamone): This case was a procedural matter brought before the Supreme Court on the question of whether a federal district court should have denied a preliminary injunction against Maryland’s 2011 congressional map. The Supreme Court affirmed the lower court’s decision denying the plaintiff’s request to enjoin the use of the map for the upcoming 2018 midterm elections, noting that ruling was not an abuse of discretion. . This ruling returns the challenge back to the district court to proceed with a trial on the merits of this 1st amendment based challenge to Maryland’s sixth congressional district, a…

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Supreme Court Mostly Befuddled in Oral Argument Over Maryland Partisan Gerrymandering Case

By EditorMar 29, 2018

Washington D.C. - This Wednesday, the U.S. Supreme Court heard oral arguments in one of the three partisan gerrymandering cases before the court this term (Benesik v. Lamone). The transcript is available here. In this novel first amendment challenge to Maryland's sixth congressional district, the court appears to remain befuddled at how to apply neutral standards when measuring just how much political gerrymandering is too much, although almost all of the justices seem to agree that Maryland's sixth district is "too much." (more…)

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