The Court recognized evidence of spreadsheets that collected the partisan scores, by district, for each of the map alternatives, along with a corresponding table which listed the number of “safe” Republican seats, “lean” Republican seats, “swing” seats, “safe democratic seats, and “lean” democratic seats. [17] The defense stated that a plan that included such competitive districts could be found unconstitutional under the Plaintiffs' proposed standard.
Whether the Supreme Court/4th Circuit will find Maryland’s 6th Congressional District unconstitutional ultimately depends on if the Supreme Court in Gill decides for the plaintiffs and adopts the efficiency gap. appeal from the united states district court for the western district of wisconsin.

The Court in Gill is considering a workable standard by which it may evaluate political gerrymanders.

The Wisconsin Constitution provides that after each census the legislature must redraw the district boundaries, which are used to elect members of the State’s legislature. It was held that Plaintiffs had standing to bring the case because the harm that they experienced was not one shared by the public at large but was one shared by Democratic voters in the State of Wisconsin, and the dilution of their votes was both personal and acute.

McDonald and Altman note that while this would be a noble pursuit, the technology detects gerrymanders where one may not exist simply based upon the criteria the technology may be looking for. Gill v. Whitford’s impact goes far beyond Wisconsin: as previously noted, there is a lawsuit against Maryland’s 6th Congressional District for excessive partisan gerrymandering.

If that happens, this case will likely be overturned. AUDREY TAYLOR. [41] Whitford, 2016 U.S. Dist. Statement of the Facts: In 2010, Republicans took control of the Wisconsin State legislature and the governor’s office. [11] However, with the introduction of open source programs such as District Builder this is no longer the case.

agreed with the challenges and came up with a test for the determination of undue LEXIS 160811, at 119. [1] Whitford v. Gill, 218 F.Supp.3d 837, 902 (W.D.Wis. [5] Aaron Sankin, The Tech Revolution that Could Fix America’s Broken Voting Districts, Daily Dot (Jan. 21, 2016), https://www.dailydot.com/layer8/redistricting-technology-obama-gerrymendering/. in Vieth that he is open to the idea of a test to determine this issue, but it will [43] Court having four conservative and four liberal leaning justices, this case most likely impact is a project of the nonpartisan Capital Center for Law & Policy at McGeorge School of Law.

being heard again in Gill this upcoming term. at 910. Justice Kennedy has mentioned

LEXIS 160811, 2 (W.D. In this case, the Times determined the efficiency gap was 10.7%. This case could establish when political infusion motivates redistricting lines, and when this this political infusion would allow … [6], There exist further issues with alternative methods of redistricting technology; Altman and McDonald rightly note with semi-automated methods of redistricting which would allow the user to input certain criteria there exists a political divide over what the proper criteria in map drawing ought to be.
[45] The Court next found that substantial portions of the record indicated that Wisconsin’s political geography affords Republicans a modest natural advantage in districting; something the Plaintiffs did not contest.            In 2011, the Republican controlled Wisconsin legislature enacted Act 43, a congressional redistricting plan in 2011. Though the 4 th Circuit declined to throw out the congressional voting map that created the 6 th Congressional District, the case does not end there. It would send a signal to state legislatures across the country that they can use as much data and technology as possible to draw maps that clearly benefit their party. Gerrymandering. [1] Specifically, the Court will consider a three-pronged test by which courts can evaluate whether a state’s political maps have been gerrymandered. [12] Vieth v. Jubelirer, 541 U.S. 267, 307 (2004). [11] [28] The evidence showed that the Party first wished to develop a composite partisan score that accurately reflected the political makeup of population units, which would allow them to assess the partisan makeup of the new districts and succeeded in producing “a very accurate estimate of the underlying partisanship of the Act 43 maps.”[29] The Court found that the maps the drafters generated, as well as the statistical comparisons made of the various maps, revealed a focal point of the drafters’ efforts was a map that would solidify Republican control. The newly Republican-controlled Wisconsin redrew the lines of its districts after seats would not drop below fifty percent. [4] The best districts are compact, contiguous, and contain roughly equal population; one need merely take a cursory glance at current state districts to understand that describing current districts in this way would be incredibly generous. The Wisconsin District Court did not believe the efficiency gap by itself was enough; instead, it used a three-prong test asking if a districting plan was intended to severely impact individual’s votes based on party, if it had that effect, and if the districting plan could not be justified on other legitimate legislative grounds. [11] Id. Maxwell Weiss, Deputy Editor-in Chief, on A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland, A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland. The court reasoned under the discriminatory intent prong, the plan did in fact comply and most likely holding the swing vote, this is a hot button issue for the Supreme [3] Id. Wis. Oct 3, 2017 Tr.

are overly influential, this case was expressly unconstitutional. Thus, apportionment or redistricting plans which “invidiously minimize” the voting strength of “political groups” may be vulnerable to constitutional challenges. The District Court used the efficiency gap to decide on the effect question. Gill v. Whitford. [37] The S curve demonstrated with the new map that they could fall to 48% of the vote and would still preserve a 54 seat majority in the assembly and that Democrats would need 54% of the statewide vote to capture a simple majority of assembly seats. On Friday, September 1, 2017, LDF filed an amicus curiae brief in Gill v. Whitford. Under the Wisconsin Constitution, the legislature must redraw the boundaries of those districts following each census. These factors include the Democratic Party’s tendency to cluster in cities, and if the legislature had other available means of redistricting that would not have limited Republican power as severely. [22] The Court stated that the First and Fourteenth Amendments prohibit redistricting schemes which: 1) are intended to place a severe impediment on the effectiveness of the votes of individual citizens on the basis of their political affiliation, 2) has that effect, and 3) cannot be justified on other, legitimate legislative grounds. [15] Whitford, 2016 U.S. Dist. [7] Id.


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