Political gerrymandering is back before the Supreme Court this term in two cases, one of which is Rucho. The case comes to the Court after the district court found North Carolina’s 2016 congressional redistricting plan unconstitutionally politically gerrymandered. It advanced four tests for finding unconstitutional political gerrymandering, which must be distinguished from constitutional consideration of politics in redistricting, which is an inherently political activity. One of those tests applies the First Amendment, and ACRU has filed an amicus brief attacking that theory. ACRU argued that the First Amendment should not be stretched to protected voting, and the district court’s application of the First Amendment swept too broadly. The Court will hear oral argument in the case on March 26.
READ THE AMICUS BRIEF HERE.