Unpacking Partisanship: Is it Time for the Supreme Court to Crack Partisan Gerrymandering?

This Term, the Supreme Court will once again tackle the issue of partisan redistricting when it reviews two cases to determine whether state legislatures violated the Constitution by intentionally diluting their citizens' votes for partisan purposes. Last Term, the Court heard two cases on the topic, but never reached the merits. Instead, it decided the cases on jurisdictional grounds.With those issues arguably resolved, the Court now seems ready to weigh in on whether partisan gerrymandering cases are justiciable when it hears Benisek v. Lamone, a challenge to the electoral map drawn by the Democratically-controlled Maryland legislature, and Rucho v. Common Cause, a challenge to the electoral map drawn by the Republican-controlled North Carolina legislature, on March 26, 2019. What test might the Court adopt for determining when redistricting is legitimate or illegitimate, and what are the implications of the various possibilities? How is the Supreme Court, now without Justice Kennedy, likely to rule on the merits? Featured Speakers: Kareem Crayton, Interim Executive Director, Southern Coalition for Social Justice Nicholas Stephanopoulos, Professor of Law, Herbert and Marjorie Fried Research Scholar, University of Chicago Law School Jenni Katzman, moderator, Director of Policy and Program, ACS