Rucho v. Common Cause on Partisan Gerrymandering and the Political Questions Doctrine
The intentional shifting of electoral boundaries by the party in power in order to entrench their long-term control is an intuitive violation of democratic standards. But when we ask the specific questions of what right has been violated and who holds that right it becomes much less clear. The Court has struggled with identifying a clear right under the Constitution and hence whether gerrymandering is a question the Court can address rather than something it must leave to the elected branches of government. Moreover, if the Constitution has been violated, what standard should be applied to identify a gerrymander that crosses the line? Rucho addresses these crucial questions in an era of increasingly effective partisan gerrymandering.