Tag Archive | Gerrymandering

Lamone v. Benisek: Round Three in the Supreme Court for Partisan Gerrymandering Challenges to Maryland’s Sixth Congressional District

By Alan B. Sternstein

The Supreme Court will hear oral argument on March 26, 2019 for the third time in the ongoing legal challenge to the 2011 changes in Maryland’s Sixth Congressional District.  Lamone v. Benisek, No. 18-726 (“Benisek”).[1] Boundary changes to the Sixth District were made after the 2010 census, and Appellees in Benisek successfully challenged before a three-judge panel of the federal district court below the changes as retaliation for their voting as Republicans in the Sixth District during past general elections.  Benisek will be argued in conjunction with Rucho v. Common Cause, No. 18-422 (“Rucho”), in which, in addition to the First Amendment grounds asserted in Benisek, Appellees successfully challenged before another three-judge court, on Equal Protection grounds, South Carolina’s Congressional redistricting after the 2010 census.[2] Read More…

Oral Argument in Benisek v. Lamone: An Alleged Wrong Without a Remedy, Regardless?

By Alan B. Sternstein

The Supreme Court’s most pressing dilemma today is, arguably, the choice between heeding constitutional and practical considerations of justiciability, on the one hand, and, on the other, applying constitutional cures for the evident dysfunction by which partisan redistricting has defiled electoral processes and our democracy. The views of the majority of the electorate on several major policy issues facing this country are demonstrably out of line with the current holders of power in Congress and the Presidency, gun control and health care, being, perhaps, the best examples of this.

In other matters involving the integrity of the electoral process, the Court has often not cowed at confronting the dilemma. See, e.g., Citizens United v. FEC, 558 U.S. 310 (2010); Elrod v. Burns, 427 U.S. 347 (1976); Buckley v. Valeo, 424 U.S. 1 (1976); Reynolds v. Sims, 377 U.S. 533 (1964) and Baker v. Carr, 369 U.S. 186 (1962). The institutional risk, still, to federal courts is their supplanting state legislatures in a function that the Constitution expressly assigns to those bodies and the assumption of that function’s burdens by a judiciary ill-equipped, ill-informed and ill-positioned to perform it.

Most recently, the Court recurred to the problem of reviewing redistricting challenges in last month’s oral argument in Benisek v. Lamone, 2017 U.S. Dist. LEXIS 136208 (D. Md. Aug. 24, 2017), appeal docketed, No. 17-333 (U.S. Sept. 1, 2017). Read More…

Judge Niemeyer’s dissent is the real headline in Maryland political gerrymandering case

By Steve Klepper (Twitter: @MDAppeal)

Today, a three-judge panel of the U.S. District Court for the District of Maryland stayed proceedings in Maryland’s political gerrymandering case, Benisek v. Lamone, pending the Supreme Court’s decision in the Wisconsin political gerrymandering case, Gill v. Whitford. The real headline, though, is Fourth Circuit Judge Paul Niemeyer’s dissent, which could have real implications for Gill. Read More…