The Supreme Court case of Gill v. Whitford was argued this past Tuesday and it is expected to be one of the biggest decisions of the Court’s new term. Gill v. Whitford is a case on partisan gerrymandering and the Court is looking at whether a new measure, called the ‘efficiency gap’, can be used to challenge the drawing of legislative districts.
Michael Morley is Assistant Professor of Law at Barry University. He co-wrote the IC explainers on the Elections Clause, with Franita Tolson, and on the 26th Amendment, with Jocelyn Benson. Morley also co-authored the Republican National Committee amicus brief in the case, on behalf of appellants.
Daniel Tokaji is Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law; and Senior Fellow, Election Law at the Ohio State University Moritz College of Law. Tokaji also co-wrote an Election Law casebook with Nick Stephanopolous, counsel for Whitford.
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic.
Related Cases
- Vieth v. Jubelirer (2004)
- Arizona State Legislature v. Arizona Independent Redistricting Commission (“AIRC”) (2015)
Additional Resources
Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document.
Common Interpretation
Elections Clause By Michael T. Morley and Franita Tolson
Matters of Debate
Enforcing the Elections Clause by Preserving the Role of Legislatures by Michael T. Morley
Ordering State-Federal Relations through the Elections Clause by Franita Tolson
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