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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

#238: Florida Man's Second SCOTUS Success

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 20 June 2018

⏱️ 41 minutes

🧾️ Download transcript

Summary

Jess Bravin of the Wall Street Journal joins Elizabeth & Tiffany to talk about the partisan gerrymandering decisions, Fane Lozman's second win at SCOTUS, and to make predictions for the rest of the term. Tune in for Supreme Trivia - Repeat SCOTUS Players Edition. Elizabeth tries to stump Jess and Tiffany provides a lifeline.

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Transcript

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0:00.0

I'm Elizabeth Slattery, and I'm Tiffany Bates.

0:05.5

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court,

0:09.6

what the justices are up to, and other things related to our favorite branch of government.

0:13.8

This week, we're joined by Jess Braven to talk about the Supreme Court's punt on political jurymandering,

0:18.7

Florida man's second SCOTUS win, and some new grants.

0:22.1

The Supreme Court released five opinions on Monday of this week. There are 14 cases remaining,

0:27.2

but before we dig into the decisions, I'd like to welcome our guest, Jess Braven. He's the

0:31.8

Supreme Court correspondent for the Wall Street Journal. Jess, thanks for joining us for a second

0:35.7

time on SCOTUS 101. Always fun.

0:38.3

So let's get into the decisions.

0:40.3

First up, the court decided the long-awaited partisan gerrymandering case, Gill versus Whitford.

0:45.3

This was a challenge to Wisconsin's statewide legislative redistricting plan.

0:49.3

Twelve Democratic voters sued, arguing that the Republican-controlled legislature cracked and packed Democratic

0:55.6

voters to maximize the number of seats Republicans could capture. Chief Justice John Roberts wrote

1:00.8

the opinion for the court, holding that the challengers failed to demonstrate Article III standing

1:05.2

by not showing a particularized injury. The voters asserted a somewhat novel theory known as

1:10.7

the efficiency gap to support their claims of unconstitutional gerrymandering.

1:14.6

Under this theory, you compare each party's respected wasted votes across all legislative districts.

1:21.6

So this means votes cast for a losing candidate or votes cast for a winning candidate in excess of what he or she needed to win.

1:28.4

The challengers argued that by wasting Democratic votes, the state violated their First Amendment

1:32.7

associational rights and their 14th Amendment right to equal protection. Now, for the past five

1:38.1

decades, the court has been asked to decide what judicially enforceable limits, if any, the

...

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