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Partisan Gerrymandering Case Study

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Question II: Partisan Gerrymandering The political question in regards to partisan gerrymandering is whether or not it is a justiciable political question or a nonjusticiable political question. Should the judiciary be able stay out of partisan gerrymandering because of the lack of standard in regards to a constitutional violation set by the Courts, or if the judiciary should review such claims to correct a problem in the political process? Supreme Court Justices have gone back on forth on the issue many times. In Veith v. Jubelierer, the Court dismissed a challenge to partisan gerrymandering and a plurality said that much suits are inherently nonjusticiable political questions. Veith has set the standard for how Courts should interpret partisan gerrymandering, but this does not mean that all cases should immediately be dismissed. A majority of Justices said that such challenges can be heard if there is a manageable legal standard. However, Justice Scalia and Thomas always think that partisan gerrymandering is a nonjusticiable political question. …show more content…
The standard in the 14th Amendment is to treat everyone equally. If something is discriminate, then it cannot be arbitrary. In Baker v. Carr, the map that was created to divide the districts in Tennessee was arbitrary with no reason for apportionment. Similarly, in our case, the division is arbitrary. An objection to this argument is that the 14th Amendment does not talk about apportionment, and that whatever the Constitution says must be followed. One cannot simply just create meaning from the words. Although the lower courts have decided for the plaintiff in this case, if it was to go on appeal and head to the Supreme Court, the case will likely be

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