[20171002]LSB10006_最高法院将于10月3日审理党派划分选区案件.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court To Hear Partisan Gerrymandering Case On October 3 October 2, 2017 On October 3, 2017, the U.S. Supreme Court will hear oral arguments in Gill v. Whitford, a case that could significantly impact how congressional and state legislative redistricting maps are drawn. In Gill, the Court has been asked to establish a standard for determining whether a redistricting map is an unconstitutional partisan gerrymander under the Equal Protection Clause of the Fourteenth Amendment and the First Amendment. The Court has defined partisan gerrymandering as “the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.” A decision in this case is anticipated by June 2018. Although the Supreme Court has invalidated redistricting maps as unconstitutional racial gerrymanders, the Court has not overturned a map because of partisan gerrymandering. In prior cases presenting a claim of unconstitutional partisan gerrymandering, the Court has left open the possibility that such claims could be judicially reviewable, but has been unable to det