[EL] Breaking: Three Judge Federal Court Unanimously Strikes Maryland Congressional District as Partisan Gerrymander

[Rick Hasen]

Breaking: Three Judge Federal Court Unanimously Strikes Maryland Congressional District as Partisan Gerrymander<https://electionlawblog.org/?p=102051>
Posted on November 7, 2018 10:56 am<https://electionlawblog.org/?p=102051> by Rick Hasen<https://electionlawblog.org/?author=3>

The judges<https://www.brennancenter.org/sites/default/files/legal-work/2018-11-07-Memorandum%20Opinion.pdf> considered two First Amendment-based theories: all three joined in one of the theories, and two in the other.

This will go on direct appeal to the Supreme Court, in a case with an opinion written by a well respected conservative judge (Niemeyer) and involving a finding of gerrymandering against Democrats.

This will likely get taken up with the North Carolina case which involves a Republican gerrymander.

As I recently wrote<https://blog.harvardlawreview.org/the-next-threat-to-redistricting-reform/> at the HLR Blog, the Court without Justice Kennedy is much less likely to police partisan gerrymandering under the U.S. Constitution.
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Posted in redistricting<https://electionlawblog.org/?cat=6>, Supreme Court<https://electionlawblog.org/?cat=29>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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