| | SSRN-Looking for Standards (in All the Wrong Places): Partisan Gerrymandering Claims after Vieth by Richard Hasen (Site not responding. Last check: 2007-10-09) |
 | | Bandemer that such "partisan gerrymandering" claims were justiciable resulted in virtually no successful claims in the lower courts. |
 | | Four Justices signed a plurality opinion stating the view that partisan gerrymandering claims should be considered nonjusticiable because of the absence of a "judicially manageable" standard for separating permissible from impermissible consideration of party affiliation of voters in the redistricting enterprise. |
 | | Part II explains why Justice Kennedy is unlikely to find a judicially manageable standard for partisan gerrymandering in history, technology, or the First Amendment, given his rejection of vote dilution, expressive harm, conflict of interest, and improper motive tests proposed by the Vieth plaintiffs and dissenters. |
| papers.ssrn.com /sol3/papers.cfm?abstract_id=561243 (561 words) |