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Political Question Doctrine: Jurisdiction to Adjudicate Gerrymandering

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posted on 2023-05-23, 01:53 authored by Jeremy Ward

In recent years, there have been many cases regarding whether or not courts can intervene in claims of partisan gerrymandering as well as whether or not states have to follow their state constitutions when redistricting congressional districts which has led to contentious outcomes and novel holdings. State legislatures or bodies acting with legislative authority in redistricting must follow their state constitutions because this is where they derive their power from. The district courts have found that indeed partisan gerrymanders are unconstitutional and can be adjudicated by the courts in a standard, manageable way, but the Supreme Court has held otherwise. If the court requires the plaintiffs to show discriminatory intent, discriminatory effect, no justification for redistricting plan, as well as evaluate the efficiency gap then the courts will indeed have a standard, measurable way to adjudicate partisan gerrymandering claims.

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Publisher

American University (Washington, D.C.); Juris Mentem Law Review

Journal

Juris Mentem Law Review

Volume

VI

Pages

72-79

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