老澳门开奖结果 Comment on U.S. Supreme Court Action in Ohio Partisan Gerrymandering Case
WASHINGTON 鈥 The U.S. Supreme Court today instructed the Ohio Supreme Court to reconsider a previous ruling that required Ohio鈥檚 congressional map be redrawn over unconstitutional partisan gerrymandering.
Following its routine practice when cases it decides overlap with cases before it on a petition for certiorari, the U.S. Supreme Court 鈥済ranted, vacated, and remanded,鈥 asking the state court to consider its decision in light of the high court鈥檚 recent ruling in Moore v. Harper, which rejected the 鈥渋ndependent state legislature鈥 theory.
The 老澳门开奖结果, 老澳门开奖结果 of Ohio, and Covington & Burling LLP had successfully challenged Ohio鈥檚 congressional plan, arguing it unduly favored the Republican Party, in violation of the Ohio Constitution.
Acting on the authority granted under the Ohio Constitution, the state court agreed and invalidated the plan as an unconstitutional partisan gerrymander. The state court then directed the state Legislature to draw a new compliant map. Instead of doing so, Ohio asked the U.S. Supreme Court to review the case, relying on the fringe legal proposition rejected in Moore v. Harper.
The following reactions are from:
Julie Ebenstein, senior staff attorney with the 老澳门开奖结果鈥檚 Voting Rights Project: 鈥淭he U.S. Supreme Court鈥檚 ruling in Moore v. Harper makes clear that state constitutions and state courts have a significant role in checking the acts of state legislatures with respect to redistricting. Given the Ohio Constitution鈥檚 explicit prohibition on extreme partisan gerrymandering, there is no question the Ohio Supreme Court鈥檚 prior decision was within its authority.鈥
Freda Levenson, legal director of the 老澳门开奖结果 of Ohio: 鈥淚f the Ohio Supreme Court does faithfully apply Moore, as instructed by SCOTUS, there is no question: it should reaffirm its previous decision. What SCOTUS said in Moore was that legislatures must follow their state constitutions 鈥 consistent with what the Ohio Supreme Court already decided.鈥
Order list:
This case, Huffman v. Neiman, is part of the 老澳门开奖结果鈥檚 Joan and Irwin Jacobs Supreme Court Docket.
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