Saturday, 20 October, 2018

Gerrymandering cases disposed on technicalities

Supreme Court puts off weighing in on partisan gerrymandering U.S. Supreme Court punts on gerrymandering cases: Read the rulings here
Lance Thomas | 23 June, 2018, 01:18

But both cases will continue in lower courts as more challenges from states including OH and North Carolina make their way through the courts, all but ensuring the nation's highest court will get another crack to lay down a standard to determine when political gerrymandering runs afoul of the Constitution.

League of Women Voters member Marie Calhoun said she came from Milwaukee to join the rally because she feels redistricting needs to be addressed before anything else can be.

Political scientists and some politicians were intrigued at the notion of an algorithm proving unconstitutionality, but at the October oral arguments Chief Justice John G. Roberts Jr. lambasted the concept as "sociological gobbledygook" and said "the intelligent man on the street is going to say that's a bunch of baloney". But the court offered a consolation prize.

But, Roberts wrote, "This is not the usual case". "We look forward to the opportunity to argue our case on the merits before the U.S. Supreme Court, where we do not have the same procedural issues that prevented a substantive ruling" in the Wisconsin or Maryland disputes.

Democrats need 2018 to be that sort of election for their side. He can be reached by org jforward wisbar email or by phone at (608) 250-6161.

"I don't think they'll step away that long, but they might say 'We've done enough and we won't have a gerrymandering case for lunch next year, '" Morrison said. "'We're sending it back down to the lower courts so the plaintiffs can establish standing, then we might consider it'".

And, my favorite, an amendment to delete Article III and abolish the so-called Supreme Court - I'd like to see Roberts homeless, without a job, a robe or any of the respect due a decent person. "Both cases can fix what the court said it didn't like or wasn't appropriate for the moment". In the Tar Heel case, Smith says they will be able to show that individual impact.

Within the unanimous decision, there were differing degrees for the reason to do it. "Today is a win for the rule of law in Wisconsin, and a testament to the talented attorneys at the Wisconsin Department of Justice", Schimel said. It is also the goal of the Republicans who brought suit the Maryland suit drawn by Republicans that drew a popular Republican Congressman into an unwinnable district. He is the Jay and Ruth Caplan Distinguished Professor Emeritus at Albany Law School, served on the New York Civil Liberties Union board, on the New York Advisory Committee to the U.S. Civil Rights Commission, and as a US Peace Corps Volunteer in Iran. It is also the goal of the Democrats who worked to elected a State Supreme Court that then replaced partisan Democratic districts instead of Republican districts - setting a unsafe precedent of both National Parties putting all their money into a few State Supreme Court races to determine who then takes over legislatures.

Most observers expected the Supreme Court's major partisan gerrymandering cases this year to finally provide guidance on how to stop the worst abuses in drawing legislative lines. Tellingly, in a second partisan gerrymandering case before the Court, Gill v. Whitford, a challenge to the Wisconsin map was rejected for failing to meet the technical threshold for legal standing. And those justices said four of the Democrats initially alleged the gerrymandered legislature harmed them, but didn't pursue that point in the lower courts. However, the Court still left a window ajar. Instead, he claimed he suffered a harm that extended beyond his own vote and his own legislative districts.

Helpap is closely watching another redistricting case. Meanwhile, the justices could decide by the end of June whether to take up a new case from North Carolina.

"We leave for another day consideration of other possible theories of harm not presented here and whether those theories might present justiciable claims giving rise to statewide remedies", the chief justice wrote. Courts-and in particular this court-will again be called on to redress extreme partisan gerrymanders.

"The difficulty for standing purposes is that these calculations are an average measure". The plaintiffs claimed the maps were drawn to minimize the political power of the opposition party, thus creating an illegal "gerrymander".

Justice Elena Kagan wrote a concurring opinion, joined by the court's other liberals, that provided a glimpse of what might have been. "There is no way to make a plaintiff whole after an unconstitutional election happens". The best explanations of what gerrymandering is follow what the people who draw the lines actually do - they try for the best and most reliable statewide partisan vote for their party.

The court could announce as early as next week whether they will be moving ahead with the North Carolina case this fall.

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