Pennsylvania GOP take gerrymandering case to US high court

Business Law

Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.

Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.

The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."

Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.

Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.

Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.

They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander.

Related listings

  •  S Carolina Rep. Quinn pleads guilty to corruption charge

    S Carolina Rep. Quinn pleads guilty to corruption charge

    Business Law 12/15/2017

    South Carolina Rep. Rick Quinn Jr. pleaded guilty to corruption charges Wednesday, becoming the third Republican lawmaker convicted in a wide-ranging Statehouse corruption probe.Prosecutors said they will ask for prison time for the 52-year-old forme...

  •  Samsung worker killed by brain tumor wins compensation case

    Samsung worker killed by brain tumor wins compensation case

    Business Law 11/13/2017

    Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.The ruling on Lee Yoon-jung, who was diagn...

  •  Ohio court won't hear case in seizure of exotic animals

    Ohio court won't hear case in seizure of exotic animals

    Business Law 10/24/2017

    Another court has dealt a blow to an Ohio man who is trying to get his six tigers and several other exotic animals back from the state.The Ohio Supreme Court earlier this month said it would not hear an appeal in the case involving the owner of a roa...

Business News

New York Adoption Lawyers Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City. >> read
Chicago Work Accident Lawyers at Krol, Bongiorno & Given have been a leader in the field of workers' compensation law. >> read