The Supreme Court’s Less Than Graceful Exit from the Thicket

The Supreme Court’s Less Than Graceful Exit from the Thicket

The long-awaited partisan gerrymandering decision has come down from the nation's highest court. A 5-4 majority decided to exit the "political thicket" and leave the policing of political gerrymandered redistricting maps to the States, commissions, congress; anybody, except the nine of them. Below are brief excerpts (with explanation) from the both the majority opinion and a passionate dissent from Justice Kagan in the consolidated cases of Lamone v. Benisek, ET Al. (Maryland) and Rucho v. Common Cause, ET Al. (North Carolina). Read the entire case here. The Court: Partisan gerrymandering claims present political questions beyond the reach of the federal…
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Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

Listen to Supreme Court Oral Argument in the Maryland Partisan Gerrymandering Case

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

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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