Where Do We Draw the Line?: The Justiciability of Political Gerrymandering Claims in Light of League of United Latin American Citizens v. Perry

Authors

• Matthew M. Weiss, University of Georgia School of Law

Publication Date

2007

Abstract

Ever since the Supreme Court decided Baker v. Carr in 1962, there has been an evolving debate in the legal community over whether political gerrymandering could ever become so egregious that it would constitute a violation of the Equal Protection Clause. This Note discusses how the Court's recent case, League of United Latin American Citizens v. Perry, sheds new light on whether political gerrymandering is a non-justiciable political question. The Note argues that a majority of the Court now appears to have adopted Justice Kennedy's "wait-and-see" approach from his concurrence in Vieth v. Jubelirer, which accepts that a judicially manageable standard may eventually appear. While acknowledging the difficulty of creating a judicially manageable standard, this Note concludes by examining some factors that could eventually be included in such a standard.

Recommended Citation

Weiss, Matthew M. (2007) "Where Do We Draw the Line?: The Justiciability of Political Gerrymandering Claims in Light of League of United Latin American Citizens v. Perry," Georgia Law Review: Vol. 41: No. 3, Article 18.
Available at: https://digitalcommons.law.uga.edu/glr/vol41/iss3/18