Tag Archives: Gerrymandering
Reflections on the Wisconsin Supreme Court’s Recent Invalidation of Non-Contiguous State Legislative District Lines, With Special Attention to the Ruling’s Relevance, If Any, to the Independent State Legislature Theory

UC Davis Law professor Vikram David Amar comments on the Wisconsin Supreme Court’s recent decision invalidating the state’s legislative district lines based on its finding that they were unconstitutional due to non-contiguous territories, a decision criticized by conservatives as partisan. Professor Amar points out that this ruling, focused only on state legislative districts, does not directly implicate the “Independent State Legislature” theory discussed in the U.S. Supreme Court’s Moore v. Harper case, as it pertains to state, not federal, elections. Furthermore, Professor Amar argues that the decision’s compliance with straightforward state constitutional text suggests federal courts are unlikely to find it violates due process or republican government principles, illustrating the limited role of federal oversight in state court interpretations of state law post-Moore.

The Court Should Maintain Optionality in Resolving the So-Called “Independent State Legislature” (ISL) Theory by Granting Cert. in Huffman v. Neiman Right Away as the Justices Chew on Whether Moore v. Harper is Moot

Illinois Law Dean Vikram David Amar and Professor Jason Mazzone argue that, in light of the North Carolina Supreme Court’s “switcheroo” regarding partisan gerrymandering, the U.S. Supreme Court should immediately grant certiorari in Huffman v. Neiman to resolve the question of “Independent State Legislature (ISL) theory. Dean Amar and Professor Mazzone point out that the intense litigation pressure of today’s presidential elections and the shaky stature of the present Supreme Court together strongly support the Court acting quickly to resolve this pressing issue.

Musings on Last Week’s New York High Court Ruling Invalidating Partisan Gerrymandering, With Special Attention to the So-Called Independent-State-Legislature Theory

Illinois Law dean and professor Vikram David Amar comments on last week’s ruling by the highest state court in New York invalidating partisan gerrymandering. Professor Amar discusses partisan gerrymandering in this country and particularly criticizes the reasoning employed by those who are pushing the constitutionally bogus Independent-State-Legislature theory.

The North Carolina Partisan Gerrymander Case and the Ahistorical “Independent State Legislature” (ISL) Theory: Part One in a Series

In this first of a series of columns, Illinois Law dean and professor Vikram David Amar explains why we should be alarmed at a request by North Carolina Republicans for relief at the U.S. Supreme Court in a partisan gerrymander case. Dean Amar argues that the theory invoked in that case, known as the “Independent State Legislature” doctrine, is not just lawless but law-defying.

Is Democratic Gerrymandering of New York’s Congressional Delegation Hypocritical? Perhaps, But Unilateral Disarmament is Worse

Cornell Law professor Michael C. Dorf argues that Democrats may be justified in gerrymandering New York’s congressional districts even as they complain about gerrymandering by Republican-controlled state legislatures in Texas, Wisconsin, and elsewhere. Professor Dorf points out that it is sometimes but not always hypocritical to seek to change the law but continue to engage in behavior inconsistent with the change one seeks, and in the case of political gerrymandering, failure to do so amounts to unilateral disarmament.

Trump’s Coup Failed, But He Gave Republicans a Road Map to Ending Constitutional Democracy…Soon

UF Levin College of Law professor and economist Neil H. Buchanan points out that although Trump’s coup failed, Republicans now have in front of them all of the building blocks necessary to impose one-party rule in the United States within the next four years. In this first of a series of columns, Professor Buchanan describes but a few of the available options Republicans have to rig elections in their favor.

U.K. Supreme Court Prorogation Judgment Exemplifies Representation-Reinforcing Judicial Review

Cornell law professor Michael C. Dorf comments on the recent unanimous decision by the U.K. Supreme Court ruling that Prime Minister Boris Johnson acted unlawfully in asking the Queen to prorogue Parliament. Dorf explains how that ruling highlights the error of the U.S. Supreme Court’s recent ruling in Rucho v. Common Cause, in which the Court declined to intervene in a political gerrymandering case, citing the so-called political question doctrine.

North Carolina Three-Judge Panel Smartly Uses the Room the U.S. Supreme Court in Rucho v. Common Cause Left for State Courts to Enforce State Constitutions

Illinois law dean and professor Vikram David Amar comments on a recent decision by a panel of state-court judges in North Carolina striking down partisan gerrymandering schemes as violating that state’s constitution. Amar had argued after the U.S. Supreme Court’s decision in Rucho v. Common Cause that state courts would have to address partisan gerrymandering on “independent and adequate state-law grounds” (rather than on federal constitutional grounds), which is exactly what the North Carolina court did.

Gerrymandering, Power Politics, and the Illusion of Democracy

George Washington law professor and economist Neil H. Buchanan considers gerrymandering, particularly whether there are legal or constitutional limits on how far one party can go to marginalize and potentially destroy the other party. Buchanan explains how gerrymandering works and why it is such a troubling phenomenon in a democracy.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more