See Stephanopoulos & McGhee, Partisan Gerrymandering and the Efficiency Gap, 82 U. Chi. Such concrete harms as the plaintiffs did assert, the Court argued, pertained to the dilution of their individual votes through the packing or cracking of their districts, causing their votes to carry less weight than they would have carried in districts drawn in other ways. (Distributed), Brief amici curiae of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. Swayne • 218 F. Supp. This is hardly fertile ground for the kind of test Plaintiffs propose. The plaintiffs argued that, on a statewide level, the  degree to which packing and cracking has favored one party over another can be measured by a single calculation: an “efficiency gap” that compares each party’s respective “wasted” votes across all legislative districts. . That means Wisconsin’s plan could not have diluted Whitford’s own vote. The three-judge District Court denied the defendants’ motion and, following a trial, concluded that Act 43 was an unconstitutional partisan gerrymander. See supra, at 3–4. Paul Diller, professor at Willamette University College of Law, who co- wrote an amicus brief on behalf of a number of national local government associations and law professors supporting the challengers in Gill v. Whitford, provided additional thoughts on the significance and implications of these cases. Hughes • Redistricting punt means decisions still possible in 2019. After a year and a half of litigation in the District Court, including a 4-day trial, the plaintiffs had a more-than-ample opportunity to prove their standing under these principles. In this context, wasted votes are defined as any votes that were cast for the losing party and any votes in excess of 50 percent of the total vote that were cast for the winning party.[6]. On June 18, 2018, the Supreme Court of the United States ruled unanimously that the plaintiffs had failed to demonstrate standing to bring a complaint under Article III of the United States Constitution. As of Tuesday, he has raised more than $124,800, with a $150,000 goal. ', The plaintiffs argue that their legal injury is not limited to the injury that they have suffered as individual voters, but extends also to the statewide harm to their interest 'in their collective representation in the legislature' and in influencing the legislature's overall 'composition and policymaking.' Ante, at 20 (suggesting how an alternative map may shed light on vote dilution or its absence); Easley v. Cromartie, 532 U. S. 234, 258 (2001) (discussing the use of alternative maps as evidence in a racial gerrymandering case); Cooper v. Harris, 581 U. S. ___, ___–___ (2017) (slip op., at 28–34) (same); Brief for Political Geography Scholars as Amici Curiae 12–14 (describing computer simulation techniques for devising alternative maps). . On the facts of this case, the plaintiffs may not rely on 'the kind of undifferentiated, generalized grievance about the conduct of government that we have refused to countenance in the past.'. That same year, Republicans gained a majority in both chambers of the state legislature. Marshall • Gorsuch • On March 24, 2017, Beverly R. Gill et al., the petitionersParties presenting a petition to an appellate court for relief on appeal., initiated proceedings in the Supreme Court of the United States in filing a statement as to jurisdiction in the U.S. Supreme Court. McReynolds • (Distributed), Brief amicus curiae of Common Cause filed. Whitford testified that he lives in Madison in the 76th Assembly District, and acknowledged on cross-examination that this is, under any plausible circumstances, a heavily Democratic district. Byrnes • That means the plaintiffs—both the four who initially made those assertions and any others (current or newly  joined)—now can introduce evidence that their individual districts were packed or cracked. They alleged that Act 43 is a partisan gerrymander that “unfairly favor[s] Republican voters and candidates,” and that it does so by “cracking” and “packing” Democratic voters around Wisconsin. Legislators must be “compelled to anticipate the moment” when their “exercise of [power] is to be reviewed.” Ibid. 3:15-cv-00421, entered January 27, 2017, amended February 22, 2017, and corrected March 15, 2017, is stayed pending disposition of the appeal in this Court. Id., at 36, ¶¶28–30. Id., at 3. . filed. Wisconsin’s Legislature consists of a State Assembly and a State Senate. received a given percentage of the vote.” 548 U. S., at 419 (opinion of Kennedy, J.). A four-day trial was held from May 24 to May 28, 2016, in the United States District Court for the Western District of Wisconsin. The point is that the plaintiff can show, through drawing alternative district lines, that partisan-based packing or cracking diluted her vote. For one thing, it could open up to courts ruling on district maps all over the country. §2284, agreed with the petitionersParties presenting a petition to an appellate court for relief on appeal. To have standing to bring a partisan gerrymandering claim based on vote dilution, then, a plaintiff must prove that the value of her own vote has been “contract[ed].” Wesberry, 376 U. S., at 7. The single statewide measure of partisan advantage delivered by the efficiency gap treats Whitford and Donohue as indistinguishable, even though their individual situations are quite different. The defendants, several members of the state election commission, moved to dismiss the plaintiffs’ claims. (Distributed), Brief amici curiae of Political Geography Scholars filed. Taft • Justice Kagan, with whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor join, concurring. filed. ", Former Attorney General Eric Holder has also launched a group to fight the GOP dominance of the election map, and he'll have some help from former President Obama, likely former Vice President Biden, and a number of high-profile Democrats. The state of Wisconsin is now appealing that verdict to the Supreme Court, which heard oral arguments on Tuesday. The plaintiffs alleged that "this 'cracking and packing result[ed] in wasted votes: votes cast either for a losing candidate (in the case of cracking) or for a winning candidate but in excess of what he or she needs to prevail (in the case of packing).

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