OA54: Gerrymandering
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 24 March 2017
⏱️ 61 minutes
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Summary
- The first Supreme Court case to recognize a constitutional right to a non-gerrymandered district was Davis v. Bandemer, 478 U.S. 109 (1986).
- Scalia (of course) attempted to overrule Davis v. Bandemer in his 2004 plurality opinion in Vieth v. Jubelirer, 541 US 267 (2004), but could only garner four votes.
- Since then, the Supreme Court has reaffirmed the basic principle of Davis v. Bandemer in LULAC v. Perry, 548 US 399 (2006), in which only two sitting Supreme Court justices have endorsed the Scalia position.
- This is a fairly awesome video from former California Gov. Arnold Schwarzenegger making gerrymandering the centerpiece of what is likely to be a run for the Senate in 2018.
- This is the Whitford et al. v. Gill (Wisc.) decision on gerrymandering that contains a detailed section as to how to detect and remedy "packing" and "cracking."
- This is the full text link to the Perez v. Abbott (W.D. Texas) decision on Texas's gerrymandered congressional districts.
- Andrew recommends Princeton professor Sam Wang's work on gerrymandering. The full text of his Stanford Law Review article is here.
Transcript
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| 0:00.0 | Ladies and gentlemen of the jury, I'm just a caveman. |
| 0:19.8 | Due to habeas corpus, you and Miss Bonifante had a common law marriage. |
| 0:31.0 | So you don't work on a contingency basis? |
| 0:33.0 | No, money down! Oops, shouldn't have this bar association logo here either. |
| 0:45.0 | Would you please point at that robot over there? |
| 0:51.0 | No further questions? |
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| 1:09.0 | Don't take legal advice from a podcast. |
| 1:18.0 | Hello and welcome to Opening Arguments, this is episode number 54. |
| 1:23.0 | I'm your host Thomas Smith and that over there is your other host, Andrew Torres, how you doing Andrew? |
| 1:28.0 | I'm great Thomas, how are you? |
| 1:30.0 | I'm doing great, excited for another OA. |
| 1:33.0 | Yeah, me too. |
| 1:34.0 | Yeah, every single one, every single one is so much learning for me, so I'm always excited about it. |
| 1:41.0 | So with that in mind, why don't we get to our first question of the day? |
| 1:45.0 | He who questions training, only trains himself at asking questions. |
| 1:52.0 | What? |
| 1:54.0 | So, Greg Bacher, maybe, and Adrian Borschoff both ask, maybe a basic question, |
| 2:02.0 | but I think I'm not the only one who is confused about this, so here goes. |
| 2:05.0 | What is the difference between a jail in a prison or is there a difference? |
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