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Partisan Gerrymanders, Equal Protection, and the First Amendment after LULAC v. Perry.

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Abstract:

The League of United Latin American Citizens v. Perry (“LULAC”) was a disappointment to those who hoped the Supreme Court would resolve the issue of partisan gerrymandering and declare such a practice unconstitutional. Yet within the fractured LULAC opinion Justice Stevens suggested another approach to the partisan gerrymander puzzle; treat it not as an equal protection claim, but as a First Amendment freedom of speech or association issue. This Article argues that the Court’s inability thus far to find manageable standards to address partisan gerrymandering is due to it employing a faulty equal protection analysis that has failed to appreciate the First Amendment issues in redistricting. Instead, if a First Amendment approach is used, this type of redistricting is unconstitutional because it is inconsistent with the mandate that government should be impartial when it comes to how it governs, especially when it comes to defining the rules of representation and the allocation of legislative seats and political power.

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polit (212), court (105), gerrymand (105), u.s (100), partisan (93), first (91), one (89), equal (79), amend (79), right (78), state (77), protect (75), claim (65), standard (63), v (61), vote (60), l (56), constitut (55), administr (55), govern (55), case (55),

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partisan gerrymandering, First Amendment, reapportionment, redistricting, Supreme Court, one person one vote, Fourteenth Amendment, voting rights, representation
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Name: American Political Science Association
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MLA Citation:

Schultz, David. "Partisan Gerrymanders, Equal Protection, and the First Amendment after LULAC v. Perry." Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-08 <http://www.allacademic.com/meta/p212080_index.html>

APA Citation:

Schultz, D. A. , 2007-08-30 "Partisan Gerrymanders, Equal Protection, and the First Amendment after LULAC v. Perry." Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-08 from http://www.allacademic.com/meta/p212080_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The League of United Latin American Citizens v. Perry (“LULAC”) was a disappointment to those who hoped the Supreme Court would resolve the issue of partisan gerrymandering and declare such a practice unconstitutional. Yet within the fractured LULAC opinion Justice Stevens suggested another approach to the partisan gerrymander puzzle; treat it not as an equal protection claim, but as a First Amendment freedom of speech or association issue. This Article argues that the Court’s inability thus far to find manageable standards to address partisan gerrymandering is due to it employing a faulty equal protection analysis that has failed to appreciate the First Amendment issues in redistricting. Instead, if a First Amendment approach is used, this type of redistricting is unconstitutional because it is inconsistent with the mandate that government should be impartial when it comes to how it governs, especially when it comes to defining the rules of representation and the allocation of legislative seats and political power.

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Document Type: application/pdf
Page count: 71
Word count: 19154
Text sample:
The Party’s Over: Partisan Gerrymandering and the First Amendment David Schultz Graduate School of Management Hamline University 570 Asbury Street Suite 305 St. Paul Minnesota 55104 Dschultz@hamline.edu 651.523.2858 Paper prepared for presentation at the American Political Science Association Annual Convention Chicago Illinois. August 29 - September 2 2007. A version of this paper will be published in a forthcoming issue of Capital Law Review (2007). The Party’s Over: Partisan Gerrymandering and the First Amendment The Supreme Court’s League of
perhaps a shift towards a First Amendment analysis of partisan gerrymandering as suggested by Justices Kennedy and Stevens might prove to be a more fruitful line of inquiry. A First Amendment approach would draw upon Liberalism’s commitment to neutrality as embodied in the content-based viewpoint discrimination analysis rendering the consideration of partisanship in districting to be presumptively invalid except in one situation. A First Amendment turn as advocated here would define the harms associated with it and demonstrate how


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