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SCOTUS 2019 pp 111-121 | Cite as

Rucho v. Common Cause on Partisan Gerrymandering and the Political Questions Doctrine

  • Carol NackenoffEmail author
  • Abigail Diebold
Chapter

Abstract

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.

Copyright information

© The Author(s) 2020

Authors and Affiliations

  1. 1.Swarthmore CollegeSwarthmoreUSA

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