Gill v. Whitford
October 1, 2017, 12:08 pm by Sam Wang
On Tuesday at 10:00 am, the Supreme Court will hear oral arguments in the case Gill and Whitford, regarding the extremist partisan gerrymandering. Justice Ginsburg has suggested, for a number of reasons I think, that this is possibly the most important case in the term of the Court. The tone and content of oral arguments often predict the outcome. I will attend directly. And of course, I will see the charts now FantasySCOTUS.
As the PEC reader knows, my interest arose from my analysis which laid out a standard that meets the legal constraints imposed by the Court. Read by us short amicus Or watch our great explanation video. For a more in-depth look at why gerrymandering parties are soaring, see our piece in US Prospects.
The outcome will likely depend on Justice Anthony Kennedy’s vote. To quote Amy Howe by SCOTUSblog:
… The state’s ability to get the five votes it needs to keep a lower court order may bode well for challengers, because of a factor that judges must consider when making Their decision is whether the state is likely to succeed against the value of its claim. On the other hand, the case appeared to have been scheduled for debate earlier than usual: Although the judges didn’t announce until June 19 that they would consider Gill suing Whitford, it leapt past a number of other cases (including both levels in February, two levels in March and one level in April) to take a place in the October argument calendar. That may indicate that the judges intend to try to decide the case quickly, thus allowing new maps to be drawn sooner even if the district court order is ineffective.
Attendees are not allowed to speak in the courtroom. If not, the bingo card above could be of help in the near future!