FedSoc Forums

Courthouse Steps Decision: The Gerrymandering Cases, Rucho et al. v. Common Cause et al.


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On June 27, the Supreme Court decided several redistricting cases in Rucho et al. v. Common Cause et al. The decision was 5-4, with the majority opinion by Chief Justice Roberts. In it, he writes that "excessive partisanship in districting leads to results that reasonably seem unjust." However, this does not mean "the solution lies with the federal judiciary. We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts." Justice Kagan wrote the dissenting opinion, opening by saying "For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities."
Featuring:
Prof. Michael R. Dimino, Professor of Law, Widener University School of Law
Hans A. von Spakovsky, Senior Legal Fellow, The Heritage Foundation

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