The U.S. Supreme Court, emerging from Wednesday arguments in its second partisan gerrymander case this term, appeared no closer than it was in the first case in October to divining a test for when too much politics infects redistricting.
In Benisek v. Lamone, Mayer Brown partner Michael Kimberly argued that Maryland Democratic lawmakers created an unconstitutional partisan gerrymander when they flipped a safe Republican district to a Democratic district. The lawmakers intentionally singled out voters in the Sixth congressional district and retaliated against them because of their voting views, he said, and that violated the First Amendment.
