Davis v. Bandemer
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''Davis v. Bandemer'', 478 U.S. 109 (1986), is a case in which the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that claims of partisan
gerrymandering In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
were
justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
, but failed to agree on a clear standard for the judicial review of the class of claims of a political nature to which such cases belong. The decision was later limited with respect to many of the elements directly involving issues of redistricting and political gerrymandering, but was somewhat broadened with respect to less significant ancillary procedural issues. Democrats had won 51.9% of the votes, but only 43/100 seats. Democrats sued on basis of
one man, one vote "One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...
, however, California Democrats supported the Indiana GOP's plan. The
National Republican Committee The Republican National Committee (RNC) is a U.S. political committee that assists the Republican Party of the United States. It is responsible for developing and promoting the Republican brand and political platform, as well as assisting in fu ...
filed an '' amicus'' brief in support of the Indiana Democrats, Democrats in the California house and senate filed briefs supporting the Republican redistricting plan.


Background

Democrats in the state of
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
challenged the state's 1981 state apportionment scheme for
Indiana General Assembly The Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. It is a bicameral legislature that consists of a lower house, the Indiana House of Representatives, and an upper house, the Indiana Senate. Th ...
districts because of political gerrymandering. The Democrats argued that "the apportionment unconstitutionally diluted their votes in important districts, violating their rights." Indiana Democrats used the elections of November 1982 as proof that the new plan violated the 14th amendment due to voter dilution. In both the House and the Senate Democrats won the majority of votes, but failed to have a majority of candidates win. The District Court ruled in favor of the Democrats, throwing out the old plan and calling for the creation of a new one.


Decision

The Supreme Court ruled on two separate issues, first whether gerrymandering claims are justiciable and secondly, if the 1981 Indiana Reapportionment Plan was an infraction on citizen's rights to equal representation which was protected by the 14th Amendment. The Court ruled 6-3 that federal courts can determine cases of partisan gerrymandering as worthy of intervention, but they also ruled 7-2 that Indiana's plan was constitutional under the Equal Protection Clause.


See also

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List of United States Supreme Court cases, volume 478 This is a list of all United States Supreme Court cases from volume 478 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ord ...
*
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief J ...
*
Lists of United States Supreme Court cases by volume The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
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List of United States Supreme Court cases by the Rehnquist Court This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. The cases are listed chronol ...
* ''
Vieth v. Jubelirer ''Vieth v. Jubelirer'', 541 U.S. 267 (2004), was a United States Supreme Court ruling that was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality opinion by Justice Antonin Scalia and joined b ...
'' (2004) * ''
League of United Latin American Citizens v. Perry ''League of United Latin American Citizens v. Perry'', 548 U.S. 399 (2006), is a Supreme Court of the United States case in which the Court ruled that only District 23 of the 2003 Texas redistricting violated the Voting Rights Act. The Court refus ...
'' (2006) * ''
Gill v. Whitford ''Gill v. Whitford'', 585 U.S. ___ (2018), was a United States Supreme Court case involving the constitutionality of partisan gerrymandering. Other forms of gerrymandering based on racial or ethnic grounds had been deemed unconstitutional, and wh ...
'' (2018) * ''
Rucho v. Common Cause ''Rucho v. Common Cause'', No. 18-422, 588 U.S. ___ (2019), is a landmark case of the United States Supreme Court concerning partisan gerrymandering. The Court ruled that while partisan gerrymandering may be "incompatible with democratic principl ...
'' (2019)


References


Further reading

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External links

* United States Supreme Court cases United States Supreme Court cases of the Burger Court United States Constitution Article Three case law United States electoral redistricting case law United States political question doctrine case law 1986 in United States case law Indiana General Assembly Gerrymandering in the United States {{SCOTUS-stub