New PDF release: Political Gerrymandering and the Courts

By Bernard Grofman

"Specialists in election legislations and politics probably want to purchase and soak up this booklet. i do know of no greater survey of the which means and purpose of the court docket in Bandemer and the constitutional terrain it has formed for redistricting within the 90s." - The legislations and Politics assessment

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Daggett (I) (103 S. , p. 2672 (1983)), taken in conjunction with the standard of proof for intentional discrimination as set forth in City of Mobile v. S. 55 (1980). The first of the three components of the Stevens test requires that plaintiffs prove ”that they belong to a politically salient class, . . one whose geographical distribution is sufficiently ascertainable that it could have been taken into account in drawing district boundaries’’ (Karcher v. Daggett (I), cited in Bandemer, p. 1492).

544-555) The 1972 Term of the Supreme Court marked a significant turning point back to more flexible guidelines in state legislative apportionment. Yet no precedent was overturned, since congressional districting standards remained stringent following the 1969 cases just discussed. Perhaps as important as the four decisions was the judicial mood. While the Court made it clear that legislative districting would remain subject to judicial scrutiny, it made even more evident its hope that such recourse could be minimized, now that the guidelines of tolerable constitutional limits were reasonably clear.

Amendments or alternatives endorsed by the Democrats were defeated along party lines (Bandemer, pp. 1483-1484). (9) Democratic legislative leaders admitted that the bill’s aim was partisan. House Speaker Dailey, asked in his deposition about the motivations underlying certain districts, responded, “we wanted to save as many incumbent Republicans as possible’’ (Bandemer,p. 1487). Also, relevant to intent was (10) “The absence of clear policy statements about the general criteria that shaped the plan from either the debate on the bills or the documents presented to the court” (Bandemer, p.

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