gill v whitford oyez

547 U. S. 332, 354 (2006); United States v. Hays, .

The plaintiffs joining in this suit do not include the State Democratic Party (or any related statewide organization).

SET FOR ARGUMENT on Tuesday, October 3, 2017.

And it does so because of their “political association,” “participation in the electoral process,” “voting history,” or “expression of political views.” Id., at 314–315. 524 U. S. 417, 449 (1998) (Kennedy, J., concurring). That threshold requirement “ensures that we act as judges, and do not engage in policymaking properly left to elected representatives.” Hollingsworth v. Perry, 16–1161. The first was lead plaintiff William Whitford, a retired law professor at the University of Wisconsin in Madison. And if that is the essence of the harm alleged, then the standing analysis should differ from the one the Court applies.

Brief amicus curiae of Wisconsin Manufacturers & Commerce filed.

A plaintiff who complains of gerrymandering, but who does not live in a gerrymandered district, “assert[s] only a generalized grievance against governmental conduct of which he or she does not approve.” United States v. Hays, Justice Kennedy therefore concluded that “asymmetry alone is not a reliable measure of unconstitutional partisanship.” Ibid. 549 U. S. 437, 439 (2007) (per curiam). And the evils of gerrymandering seep into the legislative process itself.

4. ( 1 Envelope ). Over fifty years ago, we committed to providing judicial review in the redistricting arena, because we understood that “a denial of constitutionally protected rights demands judicial protection.” Reynolds, 377 U. S., at 566.

And in particular, it leaves for another day the theory of harm advanced by Justice Kennedy in Vieth: that a partisan gerrymander interferes with the vital “ability of citizens to band together” to further their political beliefs.

To ensure that the Federal Judiciary respects “the proper—and properly limited—role of the courts in a democratic society,” Allen v. Wright,

It requires revising only such districts as are necessary to reshape the voter’s district—so that the voter may be unpacked or uncracked, as the case may be.

Ibid.

Brief amici curiae of The Republican National Committee, et al. But technol- ogy makes today’s gerrymandering altogether different from the crude linedrawing of the past. Certain of the plaintiffs before us alleged that they had such a personal stake in this case, but never followed up with the requisite proof.

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Members of the Wisconsin Legislature are elected from single-member legislative districts.

As the proceedings in the District Court progressed to trial, the plaintiffs failed to meaningfully pursue their allegations of individual harm. Lower court Federal district court .

It concerns an unsettled kind of claim this Court has not agreed upon, the contours and justiciability of which are unresolved. Under our cases to date, that is a collective political interest, not an individual legal interest, and the Court must be cautious that it does not become “a forum for generalized grievances.” Lance, 549 U. S., at 439, 441.

Argued October 3, 2017—Decided June 18, 2018. Gill v. Whitford Case Brief. A plaintiff may not invoke federal-court jurisdiction unless he can show “a personal stake in the outcome,” by proof that he has suffered the “invasion of a legally protected interest” that is “concrete and particularized.” If the plaintiffs’ alleged harm is the dilution of their votes, that injury is district-specific, not statewide. The Wisconsin Constitution provides that after each census the legislature must redraw the district boundaries, which are used to elect members of the State’s legislature. By placing a state party at an enduring electoral disadvantage, the gerrymander weakens its capacity to perform all its functions.

Roberts, C. J., delivered the. Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument filed. argued the cause for Appellees Jubelirer and Perzel, argued the cause for Appellees Cortes and Accurti. Pp.

The plaintiffs claimed that the statewide enforcement of Act 43 generated an excess of wasted Democratic votes, thereby violating the plaintiffs’ (Distributed), Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed), Brief amicus curiae of Center for Media and Democracy filed. 55 (2014). 3d, at 893 (alterations omitted).

The Court remanded to give the plaintiffs an opportunity to prove concrete and particularized injuries to their individual votes.

34–36, Complaint ¶¶20, 23, 24, 26. appeal from the united states district court for the western district of wisconsin. See supra, at 8–9. An individual voter in Wisconsin is placed in a single district. First Amendment associational injury deriving from a partisan gerrymander in his concurring opinion in Vieth, 507 U. S. 146, 153–154 (1993) (explaining that packing or cracking can also support racial vote dilution claims). I do not join Part III, which gives the plaintiffs another chance to prove their standing on remand.

Brief amicus curiae of Eric McGhee in support of neither party filed.

Brief amici curiae of Wisconsin State Senate and Wisconsin State Assembly filed.

Such action “burden[s] a group of voters’ representational rights.” Ibid. 549 U. S. 437, 442 (2007) (per curiam); DaimlerChrysler Corp. v. Cuno, 28–29, Complaint ¶5 (emphasis deleted). Because the plaintiffs had shown that it was possible to create districts with smaller differences, and because the defendants had failed to justify the disparities resulting under their plan, it was therefore unconstitutional. The Court’s constitutionally prescribed role is to vindicate the individual rights of the people appearing before it.

That means Wisconsin’s plan could not have diluted Whitford’s own vote. 582 U. S. ___ (2017). The Supreme Court vacated for lack of standing. DISTRIBUTED for Conference of June 15, 2017.

. That means the plaintiffs—both the four who initially made those assertions and any others (current or newly joined)—now can introduce evidence that their individual districts were packed or cracked. Wis. (Distributed), Brief amicus curiae of David Boyle filed. The boundaries of the district, and the composition of its voters, determine whether and to what extent a particular voter is packed or cracked. Alabama Legislative Black Caucus, 575 U. S., at ___ (slip op., at 8) (remanding for further consideration of the plaintiffs’ gerrymandering claims on a district-by-district basis).

The Court last took up this question in League of United Latin American Citizens v. Perry, Following the census in 1980, 1990, and 2000, federal courts drew the State’s legislative districts when the Legislature and the Governor—split on party lines—were unable to agree on new districting plans. Whitford testified that he had nevertheless suffered a harm “relate[d] to [his] ability to engage in campaign activity to achieve a majority in the Assembly and the Senate.” Ibid. Docket no. To meet that requirement, a plaintiff must show an injury in fact—his pleading and proof that he has suffered the “invasion of a legally protected interest” that is “concrete and particularized,” i.e., which “affect[s] the plaintiff in a personal and individual way.” Lujan v. Defenders of Wildlife, See 1983 Wis. Laws ch.

Studies showing that Act 43 skewed Wisconsin’s statewide map in favor of Republicans do not address the effect that a gerrymander has on the votes of particular citizens.

Studies Q. The district court enjoined application of Act 43 and required redistricting.

In the District Court, the plaintiffs’ case rested largely on a particular measure of partisan asymmetry—the “efficiency gap” of wasted votes.

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