Constitutional Law,
Government,
U.S. Supreme Court
Oct. 19, 2017
Letting the democratic process work
The Supreme Court should hold in Gill v. Whitford that challenges to it can be heard in the federal courts and explain that districting is unconstitutional when it disproportionately favors a political party with no other explanation besides partisanship.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
OCTOBER 2017 TERM
The U.S. Supreme Court has the opportunity to dramatically improve the democratic process in the United States by putting an end to partisan gerrymandering. Gill v. Whitford was argued earlier this month, and no case this term is likely to be more important. As with so much else in the Supreme Court, the outcome of the case seems very much to depend on Anthony Kennedy and it is impossible to accura...
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