Rick,  

The 2000 redistricting experience suggests it in now possible to achieve both objectives:  partisan gains from gerrymandering and a decline in competitive seats.  The old either/or saw is under severe empirical strain.

Tom

Rick Hasen <Rick.Hasen@lls.edu> 12/09/03 02:20PM >>>

I would be very interested in having list members who attend the oral argument send reports to the list about the oral argument tomorrow.  (I will link to these reports on my blog as well.)  I wonder how the plaintiffs will handle the competition question if it comes up at oral argument: Is there any reason to think that a partisan gerrymandering test with teeth would do anything to foster competition rather than create the conditions for bipartisan gerrymanders?  Given my long-ruinning debate with Issacharoff and Pildes over "structural" election law arguments, I would love to hear a Justice ask the question whether political competition is a constitutional value properly considered by the Court.

Tomorrow could well be the day that the BCRA decision comes out as well.  So it could be a busy day for the list.


-- Rick HasenProfessor of Law and William M. Rains FellowLoyola Law School919 South Albany StreetLos Angeles, CA  90015-1211(213)736-1466(213)380-3769 - faxrick.hasen@lls.eduhttp://www.lls.edu/academics/faculty/hasen.htmlhttp://electionlawblog.org