[20180402]LSB10110_最高法院本学期审议第二党派选区划分案件.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Considering Second Partisan Gerrymandering Case This Term April 2, 2018 For a second time during the current term, the U.S. Supreme Court is considering a claim of unconstitutional partisan gerrymandering. On March 28, 2018, the Court heard oral argument in Benisek v. Lamone, involving a challenge to a Maryland congressional district. In October 2017, the Court heard oral argument in Gill v. Whitford, involving a similar challenge to a Wisconsin state legislative redistricting plan. While the Court has invalidated redistricting maps because of unconstitutional racial gerrymandering, it has not overturned a map because of partisan gerrymandering. As defined by the Court, partisan gerrymandering is “the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.” A decision in these cases is expected by June 2018. Supreme Court Precedent In prior cases presenting a claim of unconstitutional partisan gerrymandering, the Supreme Court has left open the possibility that such claims could be judicially reviewable, but has b