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Media, Law & Policy

Can Judges Rule on Gerrymandering and Stay Non-Political?

Thursday, March 22, 2018, By Ellen Mbuqe
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笔谤辞蹿别蝉蝉辞谤听Keith Bybee, a legal scholar at 黑料不打烊 who studies issues around gerrymandering and perceptions of judicial bias, is available to discuss the legal issues of Benisek v. Lamone which will be argued before the Supreme Court on Wednesday, March 28.

The case examines whether Democrats redrew Maryland鈥檚 6th congressional district to shift political control from Republicans to Democrats. Gerrymandered districts have been in the news with the latest coming out of Pennsylvania where state聽judges ruled that the current state congressional map is unconstitutional. In a retaliatory step, a Pennsylvania state legislator introduced legislation to impeach the four judges who voted that the map was unconstitutional.

鈥淭he design of district lines will play a big role in upcoming elections, and the Court鈥檚 intervention comes with a significant risk of damaging the institution鈥檚 reputation for impartiality,鈥 Bybee says.

鈥淥ne way out of the bind is for the Court is to come up an easily understandable and administrable rule that doesn鈥檛 seem to have immediate partisan consequences 鈥 the old 鈥極ne person, one vote鈥 rule met this standard as a response to malapportioned districts,鈥 says Bybee.

鈥淲ithout such a rule, the Court can try to sustain its legitimacy by striking down gerrymanders engineered by Republicans and Democrats alike. In this sense, Benisek is 鈥榞ood news鈥 for the Court鈥檚 reputation as an impartial arbiter because it shows that the Court isn鈥檛 limiting itself to districting schemes that favor Republicans,鈥 says Bybee. 鈥淚f the Court is bent on scrutinizing partisan gerrymandering, it may be that the best the justices can hope is to achieve an appearance of impartiality through a 鈥榗urse on both your houses鈥 approach.鈥

Bybee is the author of聽,听,听听补苍诲听.

Bybee is available to speak to media on this issue.聽Please contact Ellen James Mbuqe, director of news and PR at 黑料不打烊, at聽ejmbuqe@syr.edu听辞谤听315.443.1897.

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