How would John Paul Stevens have voted in Rucho v Common cause?
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  How would John Paul Stevens have voted in Rucho v Common cause?
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#1
Against gerrymandering
 
#2
He would allow it
 
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Author Topic: How would John Paul Stevens have voted in Rucho v Common cause?  (Read 594 times)
lfromnj
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« on: November 27, 2020, 07:21:39 PM »
« edited: November 27, 2020, 07:33:02 PM by lfromnj »

https://en.wikipedia.org/wiki/Davis_v._Bandemer

Would he have been consistent ?
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brucejoel99
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« Reply #1 on: November 27, 2020, 07:30:15 PM »

Given that he was one of the 6 justices in that case to rule that claims of partisan gerrymandering were justiciable, I don't see why he wouldn't have remained consistent in agreeing with the Rucho dissenters that partisan gerrymandering claims don't present nonjusticiable political questions outside the remit of the federal courts.
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MarkD
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« Reply #2 on: November 28, 2020, 10:43:30 AM »

Considering the things he wrote in his dissenting opinion in Vieth v. Jubelirer, 2004, I think that, yes, he would have been consistent about his belief that partisan gerrymandering is always unconstitutional. I do not see any pattern of inconcsistency in his votes on the subject.
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Geoffrey Howe
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« Reply #3 on: February 20, 2021, 05:36:55 AM »

As others have said, he always seemed to think they were justiciable (Davis v. Bandemer for example). Indeed in that case only he and Lewis Powell found the district unconstitutional, as far as I understand (Brennan and Marshall didn’t).
In Six Amendments, he advocated a constitutional amendment to ban partisan gerrymandering; all of these amendments were effectively to overrule cases where he dissented, so I think it’s fairly clear he approved of Kagan’s dissent in Rucho v. Common Cause.
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