Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases

Guy-Uriel E. Charles is the Bennett Boskey Visiting Professor of Law at Harvard Law School and Edward and Ellen Schwarzman Professor of Law at Duke Law School. Luis E. Fuentes-Rohwer is Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Bloomington Maurer School of Law. In Lamone v. Benisek, a three-judge federal district court in Maryland concluded that Maryland Democrats intentionally moved 66,000 Republican voters out of Maryland’s Sixth Congressional District in order to turn a district that would more or less reliably elect a Republican member of Congress into one that would elect a Democrat. That court agreed with the plaintiffs, Republican voters who lived in the district, that the state intentionally diluted their votes. In Rucho v. Common Cause, a three-judge federal district court in North Carolina concluded that Republicans intentionally packed and cracked Democrats in constructing North Carolina’s 2016 congressional redistricting…

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