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Cite as: 588 U. S. ____ (2019) 33 KAGAN, J., dissenting Republicans and 3 Democrats. Is it conceivable that someday voters will be able to break out of that prefabricated box? Sure. But everything possible has been done to make that hard. To create a world in which power does not flow from the people because they do not choose their governors. Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent.

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Rucho v. Common Cause

Judgment

Question Presented: Whether partisan issues such as gerrymandering are justiciable by the court.

Alleged Acts: Voters in both Maryland and North Carolina alleged that the congressional districting maps were unconstitutional as partisan gerrymandering. In North Carolina, the Republican controlled legislator drew a map based on political data. In Maryland the Democratic legislature redrew the congressional map to flip one two remaining Republican districts.

Procedural history: The District Court Judge determined that the congressional map was unconstitutional and required new maps to be drawn. The case was appealed directly to the Supreme Court. The Supreme Court remanded the case and vacated the judgment for additional considerations. The District Court struck down the plan a second time and appealed again directly to the Supreme Court.

Summary: Partisan gerrymandering is under the jurisdiction of Congress, not the courts. In fact, Congress has utilized this jurisdiction to limit the use of political consideration in congressional map drawing. Similar, state mechanisms such as Florida's Fair District Amendment, could provide effective legal remedies. However, without a fair district element to the United States Constitution, the court may not remedy the claim before it.

Conclusion: The Court held that gerrymander claims were beyond the jurisdiction of the Court because it involves a political question.

Legal Issue(s)

Electoral Maps and Districting

Applicable Law(s): U.S. art.1.

Region: Americas

Country: United States of America

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Jun 27, 2019

Geolocation

Latitude: 38.90371529

Longitude: -77.06409858

: Geolocation

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Rucho v. Common Cause.pdf
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Election Judgments - IFES

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Rucho v. Common Cause

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