WASHINGTON D.C. — The U.S. Supreme Court issued opinions on June 18, 2018, in two partisan gerrymandering cases, Gill v. Whitford (Wisconsin) and Besinek v. Lamone (Maryland). The Wisconsin case has been sent back down to the district court to reconsider issues related to standing. The ruling in the Maryland case affirmed the denial of a preliminary injunction of a district map before an upcoming election. Both of the rulings can be found at https://www.supremecourt.gov/opinions/slipopinion/17
The Southern Coalition for Social Justice and the Campaign Legal Center represent plaintiffs in the North Carolina partisan gerrymandering case that has been appealed to the U.S. Supreme Court. In that case, League of Women Voters of North Carolina v. Rucho (which has been combined with Common Cause v. Rucho), a federal three-judge panel found the state’s U.S. Congressional plan to be an unconstitutional partisan gerrymander in January 2018 on multiple legal theories of injury.
Allison Riggs, Senior Voting Rights Attorney for the Southern Coalition for Social Justice, issued the following statement after the U.S. Supreme Court issued the opinion in Gill v. Whitford:
“The U.S. Supreme Court did not define any standard today that would be applicable to determining the merits of a partisan gerrymandering claim. Today’s opinions were largely procedural and indicate the Court’s desire to keep the door open for further discussion about partisan gerrymandering. Multiple statements in the opinions indicate that this practice, when it becomes egregious and discriminatory, crosses the line to become unconstitutional.”
“North Carolina remains the most crystal clear example of why a rule creating limits on partisan gerrymandering is so necessary. The record evidence of constitutional injury presented in our case is overwhelming–legislators intentionally cracked and packed millions of North Carolina voters to silence their political voice. We look forward to the opportunity to argue our case on the merits before the U.S. Supreme Court, where we do not have the same procedural issues that prevented a substantive ruling in the cases decided today.”
Paul Smith, vice president of litigation and strategy at Campaign Legal Center (CLC) who argued Whitford v. Gill at the U.S. Supreme Court, issued the following statement about the Whitford decision after today’s ruling:
“When legislators draw voting maps to favor one party over another and to stay in power, voters no longer have a voice in the political process. Extreme partisan gerrymandering is increasingly getting worse – damaging our democracy and eroding voters’ confidence in our system. We will continue advancing efforts, in this case and others as well as through the political process, to end this practice and safeguard every citizen’s fundamental right to vote and have it count.”
More about the League of Women Voters of North Carolina v. Rucho:
Like in Whitford v.Gill, plaintiffs in the North Carolina partisan gerrymandering case asked for the same standard to be adopted in their initial complaint filing in September 2016.
Specifically, plaintiffs asked for a three-pronged analysis to determine when partisan discrimination in the redistricting is unconstitutional. That analysis involves a three-part test: (1) showing discriminatory intent; (2) showing discriminatory effect, which can be shown through the use of a measure called the efficiency gap; and (3) showing a map’s imbalance is not justified by a state’s political geography or legitimate redistricting objectives.
In January 2018, a three-judge panel in North Carolina’s Middle District federal court North Carolina’s 2016 Congressional Plan that was adopted in February 2016 violates the First and Fourteenth Amendments of the United States Constitution. It does so by burdening voters’ freedom of speech and freedom to associate based on their political beliefs, as well as, by treating voters unequally by diluting the electoral influence of one party’s supporters.
The U.S. Supreme Court issued a stay in the North Carolina case in January 2018. The lower court’s ruling was put on hold while the U.S. Supreme Court considered Whitford v. Gill and Benisek v. Lamone, a partisan gerrymandering case from Maryland.