Congressional Digest

Supreme Court Debates November 2017 No. 8 Vol. 20
The Politics of Gerrymandering

Partisan Gerrymandering

Legislative Redistricting for Political Advantage

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The Politics of Gerrymandering

Overview of Supreme Court Precedent

The Supreme Court has defined partisan gerrymandering as “the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.” — Arizona State Legislature v. Arizona Independent Redistricting Commission (2015). While leaving open the possibility that a claim of unconstitutional partisan gerrymandering could be within the scope of judicial review, the Supreme Court has been unable to decide on a manageable standard for making such a determination. The Vieth Precedent In its 2004 decision in Vieth v. Jubelirer, the Court addressed a claim of partisan gerrymandering, in which the challengers relied on…

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