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Judging Partisan Gerrymanders Under the Elections Clause |
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Jamal Greene [View as PDF]
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114 Yale L.J. 1021 (2005)
The Supreme Court has consistently decried the lack of standards for adjudicating partisan gerrymandering claims, most recently in last Term's Vieth v. Jubelirer. But it has ignored the potential for developing standards under the Elections Clause, which it held in Cook v. Gralike to bar attempts by state legislatures to influence federal election outcomes. This Note aims to reconcile these two cases. It mines the history of the Elections Clause to determine what limitations it imposes on state legislatures and, invoking congressional obligations under the Guarantee Clause, articulates a novel standard for review of partisan gerrymandering consistent with those limitations.
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