Election Law @ Moritz

Election Law Litigation

League of United Latin American Citizens v. Perry

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Analysis of Supreme Court Decision

Damien Kitte
Moritz College of Law Class of 2008
Part of a series summarizing and analyzing election law developments
edited by Terri Enns, Senior Fellow
(Updated 6/29/06)
[View Case Documents]

  Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer Alito
Does mid-decade redistricting create an inference of an unconstitutional partisan gerrymander, thereby demanding less other proof of unconstitutionality than would be required in a conventional beginning of the decade redistricting? No Yes No No No No No Yes No
Is mid-decade redistricting a violation of one-person one-vote? No No No No No No No No No
Is the Court open to considering the possibility that a redistricting plan is an unconstitutional partisan gerrymander regardless of when in the decade it is adopted? Yes Yes No Yes Yes No Yes Yes Yes
Is there now a judicially manageable standard for evaluating claims of partisan gerrymandering? Not addressed Yes No Not yet, maybe never Yes No Yes Yes Not Addressed
Do decennial census figures used in mid-decade redistricting violate one-person one-vote? No ? No No No No No ? No
Is District 23, involving Latino voters in Laredo, invalid under the Voting Rights Act? No Yes No Yes Yes No Yes Yes Yes
Does the Texas plan involve an unconstitutional racial gerrymander under the doctrine of Shaw v. Reno? Not addressed Not addressed No, Section 5 is a compelling interest Not addressed Not addressed No, Section 5 is a compelling interest Not addressed Not addressed Not addressed
Is District 24, involving African-American voters in Dallas-Fort Worth area, invalid under the Voting Rights Act? No Yes No No Yes No Yes ? No