"Partisan Gerrymandering after LULAC vs. Perry: A Proposed New Approach".

Autor: Krislov, Samuel, Backstrom, Charles, McHugh, James T., Robins, Leonard, Eller, Scott D.
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Zdroj: New England Journal of Political Science; Spring2013, Vol. 7 Issue 1, p59-104, 46p
Abstrakt: Partisan gerrymandering continues to be a controversial practice that undermines democratic participation among the electoral systems of the several American states. Although the United States Supreme Court has ruled that constitutional "equal protection" guarantees apply to electoral districts, it also has been reluctant to apply those standards except in overt cases, particularly involving race or other "suspect categories"--as the 2006 case, originating in Texas, of League of Latin American Citizens [LULAC] v. Perry demonstrates. Recently, however, members of the Supreme Court have expressed a desire for a potential test that could be applied to these controversies in order to adduce whether or not certain redistricting plans implemented by states violate federal constitutional standards of "equal protection" for all voters. A promising approach that already has been proffered to the Supreme Court, called the "symmetry" test, could support efforts in federal or, even, state courts to redress this fundamental problem. That test provides a way in which social science can be used to develop non-partisan instruments for future districting decisions, provided that the courts can be persuaded to concur. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index