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Diamond v. Torres

On November 9, a group of Democratic voters filed suit in federal court challenging Pennsylvania’s congressional map as a partisan gerrymander.

Published: April 9, 2018

Note: The Bren­nan Center is not a parti­cipant in this case.

Case Back­ground

A group of Pennsylvania resid­ents who are Demo­crats filed a suit against state elec­tions offi­cials, contend­ing that the state’s 2011 congres­sional map is a partisan gerry­mander in viol­a­tion of the Elec­tions Clause, and the First and Four­teenth Amend­ments of the U.S. Consti­tu­tion. The plaintiffs allege the Repub­lican legis­lature drew the map with the intent of maxim­iz­ing Repub­lican power by crack­ing and pack­ing Demo­cratic-affil­i­ated voters into specific districts to dilute their voting power and deny them a real­istic oppor­tun­ity to elect their candid­ates of choice.

The plaintiffs have asked the court to exped­i­tiously declare the congres­sional plan invalid and an injunc­tion prohib­it­ing the legis­lature from admin­is­ter­ing any elec­tions processes under the plan for 2018.

The court direc­ted the defend­ants to respond to the plaintiffs’ first amended complaint by Janu­ary 5. The district court held a schedul­ing confer­ence on Janu­ary 11.

On Janu­ary 11, the legis­lat­ive defend­ants filed a motion to dismiss and motion to stay or abstain. On Janu­ary 23, the court gran­ted the legis­lat­ive defend­ants’ motion to stay. 

On April 9, the court dismissed the case on stip­u­la­tion of the parties. 


District Court