Posts filtered by tags: Rucho[x]


 

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


Tuesday round-up

Amy Howe reports for this blog that last night the Supreme Court “gave the federal government a partial victory … in a dispute over discovery in the challenge to the government’s decision to reinstate a question about citizenship on the 2020 census” when,  “[w]ithout any publicly recorded objections, the justices kept on hold plans to depose Wilbur Ross, the Secretary of Commerce, about the decision.” At The Washington Post, Robert Barnes and Tara Bahrampour report that “[t]he court’s action mak...
Tags: Supreme Court, Law, Court, United States, Commerce, Liberty, New York Times, Associated Press, Epa, Louisiana, Usa Today, North Carolina, The Washington Post, Wall Street Journal, Justice Department, Ross


Thursday round-up

At Politico, John Bresnahan and others report that “[t]he Senate is set for a critical Friday vote on Brett Kavanaugh’s Supreme Court nomination, teeing up a final vote by the weekend, with an FBI report on the sexual misconduct allegations against the judge expected in the chamber by [this] morning.” Natalie Andrews and Kristina Peterson report for The Wall Street Journal that “Friday’s vote is expected to indicate whether the nominee has the 50 votes he would need for confirmation, with Republ...
Tags: Usa, Supreme Court, Law, Senate, Court, Fbi, United States, Commerce, North Carolina, Illinois, Faa, Wall Street Journal, Ross, Trump, Round-up, Mike Pence


Tuesday round-up

With a week before his hearing in the Senate, Supreme Court nominee Judge Brett Kavanaugh continues to garner coverage. Tony Mauro for The National Law Journal reports that 41 appellate advocates sent the Senate Judiciary Committee a letter expressing “strong support” for Kavanaugh. Joan Biskupic of CNN reports that Kavanaugh’s dissent in the case of a SeaWorld trainer attacked by a whale may best exemplify his “deep suspicion of government regulation,” a view which “can have real world conseque...
Tags: Supreme Court, Law, Court, Cnn, Seaworld, North Carolina, Baker, Round-up, Senate Judiciary Committee, Hill, Kavanaugh, National Law Journal, Common Cause, Rick Hasen, Tony Mauro, Miles Mogulescu


Tuesday round-up

Yesterday the Supreme Court issued two more decisions, bringing the number of remaining cases down to four. Mark Walsh has a first-hand account of today’s opinion announcements for this blog. In Abbott v. Perez, the court, by a vote of 5-4, largely upheld Texas’ federal congressional and state legislative maps against a racial-gerrymandering challenge. Amy Howe analyzes the opinion for this blog; her analysis was first published at Howe on the Court. Subscript Law has a graphic explainer for the...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Washington, Bloomberg, Indiana, Cnn, Netflix, United States, Hawaii, New York Times, American Express, Ohio, Fox News


Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated)

[This post was updated at 2:43 p.m. to provide more details on, among other things, the cases that the justices granted today.] Three weeks ago, the justices threw out a ruling against a Colorado baker who had refused on religious grounds to make a custom wedding cake for a same-sex couple. By a vote of 7-2, the justices ruled that proceedings before the Colorado administrative agency that considered the baker’s case were unfairly tainted by hostility to religion. Shortly after issuing their dec...
Tags: Featured, Supreme Court, Law, Colorado, Washington, Oregon, West Virginia, Netflix, Hungary, United States, Social Security, Wisconsin, Sudan, Archer, North Carolina, Social Security Administration


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


Parties weigh in on effect of partisan-gerrymandering rulings on NC case

On Monday, the Supreme Court announced that it would not decide whether the state legislative maps drawn in 2011 by Wisconsin’s Republican-controlled legislature are the product of partisan gerrymandering – the practice of drawing district lines to favor one party, at the other party’s expense – and therefore unconstitutional. Instead, the justices sent the Wisconsin case back to the lower court, ruling that the challengers had not shown that they have a legal right to sue. Today the challengers...
Tags: Featured, Supreme Court, Law, Wisconsin, Republican, North Carolina, Howe, Gill, Common Cause, League of Women Voters, What's Happening Now, Whitford, Rucho


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


Symposium: Bringing sanity to racial-gerrymandering jurisprudence

Anita Earls is the executive director of the Southern Coalition for Social Justice. She serves as counsel for the plaintiffs in two pending racial-gerrymandering cases, Dickson v. Rucho and Covington v. North Carolina, as well as a pending partisan-gerrymandering case, League of Women Voters v. Rucho. For all the rhetorical flourishes back and forth between Justice Elena Kagan’s opinion for the majority and Justice Samuel Alito’s opinion concurring in part and dissenting in part, the Supreme Cou...
Tags: Featured, Supreme Court, Law, Alabama, North Carolina, Reno, Anderson, HARRIS, Cooper, Shaw, Strickland, Covington, Arlington Heights, Elena Kagan, Kagan, Samuel Alito