[EL] An oddity in Whitford opinion

[Edelman, Paul]

I am re-reading the panel opinion in Whitford and noticed something I had missed earlier. According to the majority (page 108 of the opinion), if the Demonstration Plan drawn by the plaintiffs (the one that minimized the efficiency gap)  had been used in the 2014 election the Republicans would have gotten the same number of seats in the state house as they did in the plan that was being challenged.  The majority then argued that was not important because it would have behaved differently in the 2012 vote because of its higher sensitivity.  But doesn't this fact go the question of harm? I've seen little commentary on this sidelight-have I missed it?   Thanks for any pointers.

Paul

Paul H. Edelman
Professor of Mathematics and Law
Vanderbilt University
paul.edelman at vanderbilt.edu
615-322-0990

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