Summary: This brief, filed by Wisconsin’s Senate and State Assembly, argues that partisan-gerrymandering claims would complicate redistricting still further and authorize a wave of intrusive litigation targeting states’ redistricting processes. Amici further contend that Appellees’ theory of the case relies on several flawed assumptions about representative democracy, chief among them a belief that the Constitution guarantees proportional representation. Finally, the brief asserts that the Appellees’ standard is not politically neutral, but would instead systematically favor Democrats. The law firms of Kirkland & Ellis and Bell Giftos St. John are co-counsel for this brief.
Summary: This brief, filed by the American Civil Rights Union and the Public Interest Legal Foundation, argues that a constitutional cause of action for partisan gerrymandering would improperly invite federal intrusion into the states’ constitutionally-guaranteed power over their own elections. The Public Interest Law Foundation is counsel for this brief.