Marcha 21, 2018

Employee Arbitration Contracts Survive Intense Questioning by Supreme Court

04 Octubre 2017, 02:54 | Martinez Canez

5 things to know as the Supreme Court takes up redistricting

OPINION: What gerrymandering is and why the Supreme Court might finally crack down on it

Justice Anthony Kennedy, the likely swing vote, suggested he was open to putting limits on partisan gerrymandering, as the court heard arguments Tuesday on a Wisconsin map that has given Republicans a almost unbreakable hold on the state legislature. In November 2016, a lower court ruled the Republican-drawn Wisconsin map was unconstitutional because of its partisan intent and partisan effect- basic gerrymandering.

Republicans gained control of the Wisconsin Legislature in the 2010 election and redrew the state's political maps, turning a purple state into a solidly red one at the state legislative and congressional level, even as voters across the state remained about evenly split. Republican state legislators developed a new electoral map in secret and then passed it on a party-line vote.

The Court will address both procedural and substantive [questions presented, PDF] issues in this case.

If a single standard did emerge, it will probably resemble a multi-part test proposed by Justice Breyer, which asks questions like whether a single party controlled the map-drawing process, whether the maps give an asymmetrical advantage to one party, and whether that advantage is likely to persist over many elections.

The court's liberal justices suggested sympathy for immigrants like Rodriguez who face lengthy detention.

What's new are the technological tools available to district-drawers.

Paul Smith, representing the plaintiff-Democrats challenging the maps, said the state is asking for "a free pass to continue using an assembly map that is so extreme that it effectively nullifies democracy".

While the Supreme Court has a standard limiting the overreliance on race in map drawing except under the most limited circumstances, it has never been successful in developing a test concerning an overreliance on politics.

"There is only one prediction that is entirely safe about the upcoming term, and that is it will be momentous", Justice Ruth Bader Ginsburg said in a speech last month at Georgetown University Law Center. In short, they are arguing that Republicans used partisan gerrymandering to their benefit. Generally, conservative justices aggressively question the liberal challengers and vice versa.

OPINION: What gerrymandering is and why the Supreme Court might finally crack down on it
Gill v Whitford: Supreme Court to hear political gerrymandering case

Amid dire predictions of an imminent end to democracy, the U.S. Supreme Court on Tuesday debated whether modern-day gerrymandering is so partisan and polarizing that it violates the Constitution.

The court said it will not provide live audio of the highly anticipated argument, despite a request from several members of Congress to Chief Justice John Roberts.

But the last time it came up, Justice Kennedy wrote, “I would not foreclose all possibility of judicial relief if some limited and precise rationale were found to correct an established violation of the Constitution in some redistricting cases.”.

Unchallenged in this case is the requirement that districts have equal population, which the Supreme Court mandated in Reynolds v. Sims in 1964.

Gill v. Whitford, docket 16-1161, is a case involving "extreme partisan gerrymandering".

Courts have struck down districts as racially biased for decades, and other partisan districting lawsuits are moving through the courts in Pennsylvania, Maryland and North Carolina. As Justice Ginsburg warned, "if you can stack a legislature in this way, what incentive is there" to vote?

The final outcome of Whitford, expected by June of next year, could either positively transform the American political system or further erode voting rights and make gerrymandering even worse. An intelligent man who was stopped on the street, Roberts said, would be skeptical the efficiency gap, which he portrayed as a complex mathematical formula, was the reason the court was striking down maps drawn by one party.

For example, Ohioans tend to vote by narrow enough margins in many statewide elections to flip power, and the nation's presidency, back and forth between Republicans and Democrats. When some receive hearings, a substantial number may win release: According to A.C.L.U. data, of the 1,680 bond hearings held in the Los Angeles area between October 2012 and April 2014 under the six-month rule imposed by the Ninth Circuit, immigration judges granted release in 70 percent of the cases. That happened in a brief in a case at the heart of the social debate about religious liberty and gay rights, where the justices will decide whether a Colorado businessman can decline to bake a cake for a same-sex wedding because of his First Amendment rights.

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