Courts & the Law, Defending Democracy, News

The opinions: SCOTUS punts two partisan gerrymandering cases

The U.S. Supreme Court passed on its two opportunities this term to weigh in on partisan gerrymandering.

Opinions in two pending cases — Gil v. Whitford and Benisek v. Lamone — were released this morning.

Gil was mostly dismissed for lack of standing and sent back to the lower court “so that the plaintiffs may have an opportunity to prove con­crete and particularized injuries using evidence — unlike the bulk of the evidence presented thus far — that would tend to demonstrate a burden on their individual votes.”

Chief Justice John Roberts wrote the opinion about Wisconsin’s challenge to a 2011 state legislative redistricting map drawn by its Republican-controlled legislature. Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan joined. Justices Clarence Thomas and Neil Gorsuch concurred except for part III, which is the part that remands the case back to the lower court.

Kagan wrote a concurring opinion that Ginsburg, Breyer and Sotomayor joined, and Thomas wrote an opinion concurring in part that Gorsuch joined.

In Benisek, the Justices unanimously affirmed a lower court’s decision not to issue a preliminary injunction in a Maryland case that contended congressional redistricting targeted a Republican in violation of the First Amendment.

You can read both full opinions below. An analysis of the opinions and what they could mean for North Carolina will be available this afternoon at NC Policy Watch.

Gil v. Whitford by NC Policy Watch on Scribd

Benisek v. Lamone by NC Policy Watch on Scribd

Check Also

NC Governor signs executive ‘stay at home’ order that starts at 5 p.m. Monday

Starting at 5 p.m. Monday, North Carolinians will ...

Top Stories from NCPW

  • News
  • Commentary

Just three days after Gov. Roy Cooper declared a state of emergency in response to the COVID-19 pand [...]

The fields, rested over the winter and moistened by recent rains, are waiting and ready. Thousands o [...]

WASHINGTON — Sen. Richard Burr (R-N.C.), who’s facing a political firestorm for selling off stocks a [...]

The weather was unkind Monday, the first day Durham Public Schools offered lunches to thousands of s [...]

Now is no time for North Carolina to double town on "fiscal restraint" As the health pande [...]

What will happen when COVID-19 reaches our local jails and prisons in North Carolina? Without a chan [...]

The post Pandemic supplies appeared first on NC Policy Watch. [...]

Experts say it is a certainty that there will be an economic slowdown as a result of the coronavirus [...]