Posted: June 25, 2018
In a North Carolina gerrymandering case, the U.S. Supreme Court summarily vacated the judgment of the District Court and remanded the case for additional consideration in light of the Court\'s recent opinion of Gill v. Whitford. The case is Rucho v. Common Cause.
Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.
"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said.
In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.
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Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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