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Litigation

 

Gill v. Whitford

Case Information

Date Filed: July 8, 2015
State: Wisconsin
Issue: Redistricting
Current Court: U.S. Supreme Court (Case 16-1161)

Issue:

Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.

Status:

Complaint filed 7/8/15. Opinion and Order denying defendants' motion to dismiss filed 12/17/15. Opinion and Order denying defendants' motion for summary judgment filed 4/7/16. Trial briefs filed 5/16/16. Post-trial briefs filed 6/10/16. Opinion finding Assembly Districts unconstitutionally drawn filed 11/21/16. Briefs on Remedies filed 12/21/16. Opinion and Order on Remedy filed 1/27/17. Notice of Appeal to U.S. Supreme Court filed 2/24/17. Jurisdictional Statement filed 3/24/17. Amicus Briefs filed 4/24/17. Motion to Affirm filed 5/8/17. Memo in Opposition filed 5/18/17. Stay Application filed 5/22/17. Order Granting Stay filed 6/19/17.

U.S. Supreme Court Documents

District Court Documents

In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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