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Vieth Vs. Jubelirer

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  • US Supreme Court
  • Apr 28, 2004

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  1. Reynolds Vs. Sims US Supreme Court · Jun 15, 1964
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  3. Shaw Vs. Reno US Supreme Court · Apr 20, 1993
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  4. United States Vs. Hays US Supreme Court · Apr 19, 1995
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  5. Wesberry Vs. Sanders US Supreme Court · Feb 17, 1964
  6. Bush Vs. Vera US Supreme Court · Jun 13, 1996
  7. Elrod Vs. Burns US Supreme Court · Jun 28, 1976
  8. Mcdonnell Douglas Corp. Vs. Green US Supreme Court · May 14, 1973
  9. Syllabus October Term, 2003 Vieth V. Jubelirer
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  10. Supreme Court of the United States Vieth Et Al. V. Jubelirer
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  11. discernible and manageable standards for adjudicating such claims exist. They would therefore overrule Davis v. Bandemer
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  12. question is a lack of judicially discoverable and manageable standards for resolving the question. Baker v. Carr
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  13. the predominant intent test is applied to the challenged district in which the plaintiffs voted, see, e.g., Miller v. Johnson
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  14. sorting permissible districting classifications from impermissible ones. Politics is a different matter. Gaffney v. Cummings
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  15. to our intervention. In this case, the plurality convincingly demonstrates that the standards proposed in Davis v. Bandemer
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  16. they are not so compelling that they require the Court now to bar all future partisan gerrymandering claims. Baker v. Carr
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  17. That analysis allows a pragmatic or functional assessment that accords some latitude to the States. See, e.g., Eu v. San
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  18. J., filed a dissenting opinion, in which Ginsburg, J., joined. Breyer, J., filed a dissenting opinion. Vieth v. Jubelirer
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  19. Opinion of Scalia, J. Vieth V. Jubelirer
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  20. Supreme Court of the United States No. 02-1580 Richard Vieth, Norma Jean Vieth, and Susan Furey, Appellants V. Robert
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  21. In Davis v. Bandemer
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  22. but it declined to dismiss the apportionment claim as to other defendants. See Vieth v. Pennsylvania
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  23. Vieth I) . On trial of the apportionment claim, the District Court ruled in favor of plaintiffs. See Vieth v. Pennsylvania
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  24. and rejecting the political gerrymandering claim for the reasons previously assigned in Vieth I . Vieth v. Pennsylvania
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  25. to control political gerrymandering, see Davis v. Bandemer
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  26. is entrusted to one of the political branches or involves no judicially enforceable rights. See, e.g. , Nixon v. United
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  27. Pacific States Telephone & Telegraph Co. v. Oregon
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  28. In Baker v. Carr
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  29. of the Constitution is not whatever judges choose to do, see Valley Forge Christian College v. Americans
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  30. cf. Grupo Mexicano de Desarrollo, S. A. v. Alliance
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  31. or even whatever Congress chooses to assign them, see Lujan v. Defenders
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  32. Chicago & Southern Air Lines, Inc. v. Waterman
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  33. rational, and based upon reasoned distinctions. Over the dissent of three Justices, the Court held in Davis v. Bandemer
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  34. extreme partisan discrimination, bizarrely shaped districts, and disproportionate results. See, e.g. , Session v. Perry
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  35. Lear v. Miller
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  36. Martinez v. Bush
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  37. must be discernible and manageable because it has been borrowed from our racial gerrymandering cases. See Miller v. Johnson
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  38. Connor, J., concurring in judgment). Our one-person, one-vote cases, see Reynolds v. Sims
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  39. impeachments. See Nixon v. United
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  40. Ibid. See also Bush v. Vera
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  41. all consideration of political affiliation in hiring for non-policy-level government jobs. What cases such as Elrod v. Burns
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  42. a newly constructed standard loosely based in form on our Title VII cases, see McDonnell Douglas Corp. v. Green
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  43. We think not. v. Justice
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  44. advisory opinions (on a theory we could not yet imagine) would not violate the separation of powers. In Gilligan v. Morgan
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  45. the lower courts try their hand at regulating the military before we declared it impossible. Most recently, in Nixon v. United
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  46. all right. The only cases Justice Kennedy cites in defense of his never-say-never approach are Baker v. Carr
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  47. Court there refrained from spelling out the equal-protection standard. (It did so a mere two years later in Reynolds v. Sims
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  48. stare decisis are at their weakest in that field, where our mistakes cannot be corrected by Congress. See Payne v. Tennessee
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  49. Id., at 827 (quoting Smith v. Allwright
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  50. Footnote 5 See Republican Party of North Carolina v. Martin
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