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Hindsight is 20/20: revisiting the reapportionment cases to gain perspective on partisan gerrymanders.
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Duke Law Journal
- Article date:
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March 1, 2008
- Author:
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Copyright informationCOPYRIGHT 2008 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT
In the first decade of the twentieth century, political party operatives have manipulated the boundaries of congressional districting maps to an unprecedented extent in the interest of gaining partisan advantage. The judiciary, led by a fractured Supreme Court, has refused to intervene, holding claims of unconstitutional partisan gerrymandering nonjusticiable for want of a workable judicial standard.
The epidemic of partisan gerrymandering has harmed the electoral process in ways that mirror the harm caused by legislative malapportionment prior to the 1960s. In that decade, the Court assertively invoked the Equal Protection Clause to effect reapportionment ...
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