On March 26, the Supreme Court heard arguments in two cases out of Maryland and North Carolina concerning what plaintiffs believe are unconstitutionally gerrymandered congressional districts.
If you’re getting a sense of déjà vu, you’re not alone. It’s been less than a year since the court last had an opportunity to identify a workable legal standard when considering the constitutionality of partisan gerrymandering. In June of last year, the justices vacated and remanded a Wisconsin case without ruling on the case’s merits. Prior to that, the court had taken a crack at partisan gerrymandering no fewer than four times, and in none of those cases did a majority of justices agree on a clear rule on what constitutes an unconstitutional partisan gerrymander.
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