Published: Fri, October 06, 2017
Economy | By Guillermo Lane

The Supreme Court ponders whether gerrymandering has gone too far

The Supreme Court ponders whether gerrymandering has gone too far

Their ruling, due by June, could have an impact on US elections for decades by setting standards for when electoral districts are laid out with such extreme partisan aims that they deprive voters of their constitutional rights. Third, you misstate the First amendment claim.

"Should the "State", the protector of citizens and responsible for law and order situation, allow these comments, as they have the effect potentiality to create a distrust in the mind of the victim as regards fair investigation", said the second question framed by the bench earlier. In most states, the legislature controls redistricting.

Are Democratic and Republican politicians required by the U.S. Constitution to fight fair?

It is neither judicially right or democratically wise for Republican justices to continue to vote along party lines in ways that advantage partisan Republicans by failing to protect the integrity of the right of Americans to vote, the integrity of financing the elections they vote in and the integrity of the districts in which they vote. Kennedy, long the court's swing vote, will hear a countervailing argument from the other side.

It appears Kennedy is leaning towards this notion that the government's ability to punish voters' choice to be a member of a particular party - to freely association, if you will, with fellow Democrats - would violate a fundamental freedom.

Gov. Gerry signed legislation in 1812 that redistricted the Bay State to benefit his Democratic-Republican Party.

Is gerrymandering and redistricting the same?

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In recent years, as computer technology has enabled parties to draw lines more precisely to maximize their advantage, discontent with the practice has increased. "The Supreme Court is the only institution that can act decisively on behalf of our democracy and stem the tide of extreme partisan gerrymandering". The larger the gap between those two, the more likely the districts have been manipulated to favor Republicans. "It is time to terminate gerrymandering", Republican former California governor Arnold Schwarzenegger, the star of the "Terminator" movies, told a rally outside the courthouse.

Republicans argue that the Wisconsin map reflects the fact that Democrats have packed themselves into cities, while Republicans are better distributed across the state. Conservative Chief Justice John Roberts called those metrics "sociological gobbledygook".

Justice Samuel A. Alito agreed. The lower court sided with the couple, asserting that the case represented a straightforward instance of a business discriminating against gay people, which is prohibited under Colorado law. "Is this the time for us to jump into this?" he asked, suggesting the answer was no. Justice Neil M. Gorsuch said he did not see anything in the Constitution that authorized the court to intervene.

The court was hearing a plea filed by a man, whose wife and daughter were allegedly gangraped in July past year on a highway near Bulandshahr, seeking transfer of the case to Delhi and lodging of an FIR against former Uttar Pradesh Minister Azam Khan for his controversial statement that the gangrape case was a "political conspiracy". Under the Plaintiffs' theory, any voter, anywhere in any state, could complain that his or her vote was diminished by not being granted the right to be counted proportionally with other like-minded voters in the state to elect a proportional number within the legislature.

Torchinsky noted the Supreme Court's ruling, if it found that there is no identifiable legal standard that can be used to define extreme partisan gerrymandering, could make the Pennsylvania case moot.

Coupled with Kennedy's questioning about gerrymandering and the first amendment issue, Lithwhick and Grossman's analysis, this bodes very badly for partisan gerrymandering.

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