Posts filtered by tags: Benisek[x]


 

Symposium: Clarity of the record should bring clarity of purpose

Justin Levitt is a professor at Loyola Law School, Los Angeles; he runs the website “All About Redistricting.” Partisan gerrymandering is back. There are two cases before the Supreme Court this term: a Democratic gerrymander in Maryland and a Republican gerrymander in North Carolina. The cases are different – and though neither is perfect, the basic problem of partisan political entrenchment is unlikely to be presented more cleanly. The evidentiary record in each case is firmly turned up to 11. ...
Tags: Featured, Maryland, Supreme Court, Law, Kentucky, City, North Carolina, Kennedy, Cox, Gill, Riviera Beach, Anthony Kennedy, Thurgood Marshall, Tarheel, Justin Levitt, Larios


Symposium: 1 First Street, NE, Punxsutawney, PA

Tyler Green is the solicitor general of Utah. My last contribution to a SCOTUSblog symposium on political gerrymandering used homemade bad theater to depict how a Supreme Court decision setting a standard for political-gerrymandering claims would change life for state legislators and their attorneys. The court dodged this issue in Gill v. Whitford. But the issue has returned this term in Rucho v. Common Cause and Lamone v. Benisek. These events evoke a seasonally appropriate, classic film — Grou...
Tags: Utah, Featured, Supreme Court, Law, Arizona, Davis, Bill Murray, States, Pittsburgh, Gore, Bush, Phil, Punxsutawney, Gill, Heimlich, Sandra Day O'Connor


Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases

Guy-Uriel E. Charles is the Bennett Boskey Visiting Professor of Law at Harvard Law School and Edward and Ellen Schwarzman Professor of Law at Duke Law School. Luis E. Fuentes-Rohwer is Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Bloomington Maurer School of Law. In Lamone v. Benisek, a three-judge federal district court in Maryland concluded that Maryland Democrats intentionally moved 66,000 Republican voters out of Maryland’s Sixth Congressional District in order to ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Green, Tennessee, North Carolina, Edward, Baker, White, Carr, Harvard Law School, Maryland Democrats, Sims, Reynolds


Symposium: Much ado about partisan gerrymandering

Kaylan L. Phillips serves as litigation counsel for the Public Interest Legal Foundation, a 501(c)(3) public interest law firm dedicated to election integrity. For more than 30 years, the Supreme Court has struggled to articulate a standard for evaluating partisan-gerrymandering claims. The reason is simple: There is no workable standard. Redistricting is a quintessential lawmaking function, one that the Constitution reserves to the states. Court intervention should be reserved for the most egre...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Wisconsin, North Carolina, Shelby County, Gill, Common Cause, League of Women Voters, North Carolina Democratic Party, Whitford, Public Interest Legal Foundation, Rucho, Benisek


Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court


Symposium: Why not continue the political struggle in partisan-gerrymandering cases?

Derek Muller is an associate professor of law at the Pepperdine University School of Law. “In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people’s representatives.” So wrote Justice Felix Frankfurter in his dissenting opinion in Baker v. Carr in 1962. It was, of course, a dissent. A majority of the Supreme Court in short order reorganized state legislatures according to its own understanding of fair representation — that...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, California, Massachusetts, Indiana, Arizona, Davis, Wisconsin, North Carolina, Baker, Carr, Democratic


Justices to tackle partisan gerrymandering … again: In Plain English

Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville


Court releases March calendar

The Supreme Court issued the argument calendar for its March sitting today. Over a six-day period from March 18 through March 27, the justices will hear oral argument in nine cases. Three of those cases are likely to be among the biggest cases of the term. On March 26, in Rucho v. Common Cause and Lamone v. Benisek, the justices will return to the topic of partisan gerrymandering – that is, the idea that state officials violate the Constitution when they draw district lines to favor one politica...
Tags: Featured, Mississippi, Maryland, Supreme Court, Law, Kentucky, Virginia, United States, Federal Communications Commission, North Carolina, Flowers, Smith, U S Supreme Court, Howe, Mississippi Supreme Court, Wilkie


Experts Predict New SCOTUS Majority Will Take On Extreme Gerrymandering

The Supreme Court is slated to hear two blockbuster cases involving extreme partisan gerrymandering this spring—the last best chance for the nation’s highest court to take action on this pivotal issue before the 2020 census and once-a-decade redistricting process the following year. With swing vote Anthony Kennedy retired from the bench and Justice Brett Kavanaugh cementing the court’s 5-4 conservative majority, there’s a legitimate fear that their ruling may not institute a fairer system. Af...
Tags: News, Maryland, Supreme Court, Atlantic, Pennsylvania, Gop, Wisconsin, Republican, North Carolina, Smith, Kennedy, Martin O'malley, Wolf, Democratic, Allegra Kirkland, Democratic Party


Empirical SCOTUS: Which Supreme Court cases are generating the most interest?

This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Brett Kavanaugh. The justices often find consensus both early on in a term and after a largescale change, defining or redefining their jurisprudential boundaries only later. The justices have released five decisions in argued cases so far, all of them free even from concurrences. This is a new high count for unanimous decisions without a conc...
Tags: Google, Supreme Court, Law, Alabama, Indiana, Pepper, United States, New York Times, Madison, Apple Inc, Hyatt, American Legion, Frank, John Roberts, Murphy, Weyerhaeuser


Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up


Friday round-up

Yesterday the court held a formal investiture ceremony for the newest justice, Brett Kavanaugh. Amy Howe offers a firsthand account of the event for this blog, in a post that first appeared at Howe on the Court. For , Jess Bravin and Brent Kendall report that “[a]lthough it followed an age-old ceremonial script, Thursday’s investiture couldn’t avoid implicit references to the political struggles surrounding the court.” Additional coverage comes from Jennifer Jacobs and Greg Stohr at Bloomberg, ...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Politico, Nbc News, Cnn, House, New York Times, Social Security, Npr, Usa Today, Ruth Bader Ginsburg, Wall Street Journal, Round-up


New: Cato Supreme Court Review (including me on gerrymandering and the Constitution)

On Monday the Cato Institute published its annual Cato Supreme Court Review for the 2017-18 Supreme Court term. Included is my 7,000-word article on the Supreme Court’s cases last term on partisan gerrymandering, Gill v. Whitford (Wisconsin) and Benisek v. Lamone (Maryland). Several people have told me that I managed to make a dry and complicated subject understandable and even entertaining, which I take as the highest compliment. The entire CSCR is online, and here are its contents. I assisted ...
Tags: Taxes, Supreme Court, Law, Gambling, Uncategorized, United States, South Dakota, Ncaa, SEC, First Amendment, Administrative Law, Josh Blackman, Murphy, Wayfair, Cato Institute, Lucia


Top 10 ways to “friend” SCOTUS

William Seidleck is a law clerk at the U.S. Court of Federal Claims. JP Schnapper-Casteras is the founder of Schnapper-Casteras PLLC. Filings by “friends of the court,” known as “amicus briefs,” are more important and sophisticated than ever. They come in many forms and lengths — but contemporary practice suggests that there are 10 (or so) common themes and clear strategies that can have a real impact. Recent years have seen between 600 and 1,000 amicus briefs per term, which is an upward of 80...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Arizona, Ferguson, Homeland Security, Graham, Republican National Committee, King, National Labor Relations Board, Mcdonnell


Tuesday round-up

Yesterday President Donald Trump nominated Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to the Supreme Court. Amy Howe has this blog’s coverage; Mark Walsh provides a “view” from the East Room. Additional coverage comes from Nina Totenberg on NPR’s Morning Edition (podcast), Tony Mauro of The National Law Journal and David Jackson and Richard Wolf of USA Today. Commentary comes from Jessica Mason Pieklo of Rewire.News, who writes that “as in all reality...
Tags: Supreme Court, Law, Washington Post, Washington, Senate, Cnn, United States, Washington Dc, Npr, Usa Today, Donald Trump, Trump, Round-up, Lyle Denniston, Richard Wolf, Nina Totenberg


SCOTUS for law students: Supreme Court mysteries and the justices’ papers

In the month of June, when the Supreme Court issues dozens of decisions to conclude its term, who would not want to be a fly on the wall inside the conference of the justices trying to understand what compromises were made or why cases came out as they did? Rarely has this been more true than this past month, in which a seemingly large number of the court’s most closely watched cases produced decisions that decided much less than was anticipated by court-watchers and litigants. What is one to do...
Tags: Maryland, Supreme Court, Law, Congress, Washington, European Union, United States, Harvard University, Wisconsin, Luxembourg, Ohio, Library Of Congress, Justice Department, Kennedy, Stanford University, Marshall


SCOTUS for law students: Supreme Court mysteries and the justices’ papers (Corrected)

In the month of June, when the Supreme Court issues dozens of decisions to conclude its term, who would not want to be a fly on the wall inside the conference of the justices trying to understand what compromises were made or why cases came out as they did? Rarely has this been more true than this past month, in which a seemingly large number of the court’s most closely watched cases produced decisions that decided much less than was anticipated by court-watchers and litigants. What is one to do...
Tags: Maryland, Supreme Court, Law, Congress, Washington, European Union, United States, Harvard University, Wisconsin, Luxembourg, Ohio, Library Of Congress, Corrections, Justice Department, Kennedy, Stanford University


Monday round-up

At CNN, Ariane de Vogue reports that as the justices take the bench this morning for what is likely the last Monday of the term, “[s]ix opinions remain, including on the travel ban, public sector unions and redistricting, and one looming question that could change the future direction of the court: Will there be a retirement?” Steven Mazie takes a quick look at the remaining cases for The Economist’s Espresso blog. Additional coverage of the final lap of the term comes from Lawrence Hurley and A...
Tags: Texas, Supreme Court, Law, Congress, Mexico, Virginia, Court, Nbc News, America, City, Atlantic, United States, South Dakota, SEC, Ohio, Npr


Friday round-up

Yesterday the Supreme Court released four decisions, including one in a high-profile case with significant implications for ecommerce. In South Dakota v. Wayfair, the justices voted 5-4 to overrule two prior cases that prohibited states from requiring out-of-state retailers who don’t have a store or warehouse in the state to collect tax on sales to state residents. Mark Walsh has this blog’s opinion analysis. Subscript has a graphic explainer for the decision. At Good Judgment, Ryan Adler notes ...
Tags: Apple, Usa, Supreme Court, Law, Congress, California, Washington Post, Washington, America, Pennsylvania, United States, South Dakota, Hawaii, New York Times, SEC, Fox News


Thursday round-up

As the court prepares to release opinions this morning, Amy Howe describes the 14 remaining cases from October Term 2017 for this blog, in a post that first appeared at Howe on the Court. At Constitution Daily, Scott Bomboy highlights “four big cases still on the docket.” Kedar Bhatia offers an interim stat pack containing statistics on all this term’s cases to date for this blog. For this blog, and originally at Howe on the Court, Amy Howe reports that the challengers in a North Carolina partis...
Tags: Minnesota, Maryland, Supreme Court, Law, Indiana, South Dakota, Wisconsin, Associated Press, North Carolina, Illinois, Wall Street Journal, Round-up, Roberts, Howe, Jess Bravin, Roberts Court


Empirical SCOTUS: Don’t cite me like that

An interesting debate was reignited by Chief Justice John Roberts’ majority opinion in Minnesota Voter’s Alliance v. Mansky. This debate surrounds the effect, if any, of oral argument on the justices’ decisions. Here is one of the sections from Roberts’ majority opinion in that case that refers to the oral argument. In this example, as with many of the instances in which justices cite oral-argument transcripts, the authoring justice used the interaction to expose a weakness in a party’s argumen...
Tags: Featured, Supreme Court, Law, Virginia, North Carolina, Collins, Kennedy, Thomas, Friedrichs, Sonia Sotomayor, John Roberts, Scalia, Roberts, Alito, Covington, Sotomayor


Wednesday round-up

The dust continues to settle from the court’s unanimous rulings on Monday in two partisan-gerrymandering cases, Gill v. Whitford and Benisek v. Lamone, both of which the justices sent back to the lower courts without reaching the merits. At CNN, Joan Biskupic reports that “[t]he Supreme Court’s rejection of Democrats’ challenge to districts they say were rigged on a partisan basis by Wisconsin Republicans [in Whitford] came on a 9-0 vote, but dueling opinions revealed internal conflicts and port...
Tags: Florida, Supreme Court, Law, Washington Post, Nbc News, America, Indiana, Cnn, Chicago, Netflix, Atlantic, United States, New York Times, Wisconsin, Courthouse News Service, Kennedy


Symposium: The Supremes put off deciding whether politics violates the Constitution

Hans A. von Spakovsky is a senior legal fellow at The Heritage Foundation and former counsel to the Assistant Attorney General for Civil Rights at the Justice Department. He is the coauthor of “Who’s Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk” and “Obama’s Enforcer: Eric Holder’s Justice Department.” Election lawyers, state legislators and political junkies were surely all disappointed on June 18 when the Supreme Court, in a unanimous opinion authored by Chief Justice John Ro...
Tags: Featured, Maryland, Supreme Court, Law, Obama, Eric Holder, Massachusetts, Court, Davis, Wisconsin, North Carolina, Madison, Justice Department, Kennedy, Supremes, Democratic Party


Symposium: Back to the drawing board for political gerrymandering plaintiffs

John Phillippe is chief counsel at the Republican National Committee, which filed an in support of the Wisconsin in Gill v. Whitford. It is difficult to see the Supreme Court’s decisions in Gill v. Whitford and Benisek v. Lamone together as anything but a significant setback for those who would have the courts wade even further into the legislative process of redistricting. Although early commentary suggests that the court “punted” or “sidestepped” the merits of the cases, in actuality the two...
Tags: Maryland, Supreme Court, Law, Congress, Davis, Wisconsin, Party, Republican National Committee, Rnc, Hays, U S, Levitt, Lance, Elena Kagan, Gill, Purcell


Symposium: Strategy from a punt

Theresa J. Lee and Emily Rong Zhang are attorneys with the Voting Rights Project of the American Civil Liberties Union, which filed amicus briefs supporting the challengers in and Benisek v. Lamone. The Supreme Court declined the opportunity offered by Gill v. Whitford and Benisek v. Lamone to clearly draw the line marking when partisan gerrymandering is so extreme that it violates voters’ constitutional rights. But, just as in football, perhaps certain things can still be achieved with a punt...
Tags: Supreme Court, Law, John Roberts, 9th Circuit, Perry, U S Court of Appeals, Gill, Purcell, Hodges, Obergefell, Hollingsworth, Whitford, Vieth, Jubelirer, Bandemer, Benisek


Symposium: The fight to vindicate our Constitution’s promise of democracy is far from over

David H. Gans is the director of the Human Rights, Civil Rights & Citizenship Program at the Constitutional Accountability Center, which filed an amicus brief for current and former members of Congress in support of the challengers in and Benisek v. Lamone. Partisan gerrymandering is a cancer on our democracy. Under our Constitution, states cannot rig the electoral process to entrench the governing party in power. Voters choose their elected representatives, not the other way around. Unfortuna...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Wisconsin, Republican, North Carolina, Kennedy, Thomas, Democratic, State, U S Supreme Court, John Roberts, Roberts, Stephen Breyer


Tuesday round-up

Yesterday the justices issued five opinions, deciding two high-profile partisan-gerrymandering cases, in both of which they avoided a ruling on the merits. In Gill v. Whitford, the justices held unanimously that the challengers to Wisconsin’s legislative map did not show that they had standing to challenge the map on a statewide basis; by a vote of 7-2, the court sent the case back to the lower courts so that the challengers could attempt to make that showing. And in Benisek v. Lamone, the court...
Tags: Apple, Maryland, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Cnn, Chicago, Pepper, Atlantic, United States, New York Times, Wisconsin, Fox News


Court sidelines gerrymander cases

By February, clues were in plain sight that the Supreme Court was not inclined to hand down a “big” landmark decision this term on gerrymandering. That was confirmed yesterday when the Court got both cases off its plate without reaching the merits, instead disposing of them for now on issues of standing (Gill v. Whitford, Wisconsin) and timing (Benisek v. Lamone, Maryland). Strikingly, both decisions were unanimous as to result, a clue as to the carefully limited scope of what was decided, and b...
Tags: Maryland, Supreme Court, Law, Court, Uncategorized, Wisconsin, Gill, Redistricting Reform, Benisek, Whitford Wisconsin, Lamone Maryland Strikingly, Supreme Court Wisconsin Court


Symposium: No closer to consensus

Derek T. Muller is an associate professor of law at Pepperdine University School of Law. Gill v. Whitford began as a blockbuster election-law case and ended (this time) as a federal-courts decision with a hint of trial strategy and evidence. It also left open the possibility of a transformational view of the First Amendment for future partisan-gerrymandering cases. In 2016, a three-judge federal court found that Wisconsin’s state legislative map drawn in 2011 was an unconstitutional partisan ger...
Tags: Featured, Maryland, Supreme Court, Law, California, Alabama, Wisconsin, Ohio, Madison, Baker, Kennedy, Jones, Anderson, Carr, John Roberts, Sims


SCOTUS Leaves Gerrymandering Foes ‘Disappointed, But Not Devastated’

Voting rights advocates did not get the Supreme Court decisions they were looking for on Monday, when the court punted on partisan gerrymandering cases coming out of Wisconsin and Maryland. But they didn’t get the door shut on them, either. “I am disappointed, but not devastated in any way,” said Michael Li, a senior counsel for the Democracy Program at the Brennan Center, which filed briefs supporting the challengers in both cases. “These are important decisions that actually move the ball f...
Tags: News, Maryland, Supreme Court, Eric Holder, Gop, Wisconsin, Ohio, Michigan, Dc, North Carolina, Kennedy, Tierney Sneed, Roberts, Li, Elena Kagan, Kagan