Supreme Court Round-Up (July 2019)
July 2, 2019 Vol. 11, No. 4 Overview The Supreme Court Round-Up previews upcoming cases, summarizes opinions, and tracks the actions of the Office of the Solicitor General. Each entry contains a description of the case, as well as a substantive analysis of the Court’s actions. October Term 2018 Argued Cases 1. Rucho v. Common Cause, No. 18-422 (M.D.N.C., 318 F. Supp. 3d 777, consolidated with Lamone v. Benisek, No. 18-726 (D. Md., 348 F. Supp. 3d 493); jurisdiction postponed Jan. 4, 2019; argued Mar. 26, 2019). The Questions Presented are: (1) Whether plaintiffs have standing to press their partisan gerrymandering claims. (2) Whether plaintiffs’ partisan gerrymandering claims are justiciable. (3) Whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander. Decided June 27, 2019 (588 U.S. __). M.D.N.C. and D. Md./Vacated and remanded. Chief Justice Roberts for a 5-4 Court (Kagan, J., dissenting, joined by Ginsburg, Breyer, and Sotomayor, J.J.). The Court held that partisan gerrymandering claims present a nonjusticiable political question because no “judicially discoverable and manageable standards” exist for resolving them. Baker v. Carr, 369 U.S. 186, 217 (1962). The Framers were aware of electoral districting problems, including partisan gerrymandering, when they chose to assign the task of districting to state legislatures. Specifically, the Elections Clause of the U.S. Constitution empowers States to decide the “Times, Places and Manner of holding Elections” for members of Congress, and grants Congress the authority to “make or alter” any such rules.
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