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1 Robert Timothy Reagan, Unsuccessful Injunction against State Court Proscription on Political Gerrymandering 1 (2018)

handle is hein.congcourts/fjcujsc0001 and id is 1 raw text is: 

CASE STUDIES IN EMERGENCY ELECTION LITIGATION


       Unsuccessful Injunction Against State Court
         Proscription on Political Gerrymandering
     Corman v.   Torres  (Christopher  C.  Conner,  Kent  A. Jordan,
           and  Jerome  B. Simandle,   M.D.  Pa. 1:18-cv-443)
       After a state supreme court redrew congressional district lines to
       remedy  excessive partisan gerrymandering, opponents of the new
       lines sought a federal court injunction against the state court deci-
       sion. A three-judge district court declined to enjoin the state court's
       new lines.
           Subject: District lines. Topics: Matters for state courts;
       malapportionment; three-judge court; intervention; case
       assignment; removal; attorney fees.
Litigation over partisan gerrymandering in 2017 and 2018 included a federal
court challenge to a state supreme court's redistricting the state's members of
Congress. Related actions were resolved in one of the state's other districts.
Challenging Pennsylvania's Supreme Court
According  to a federal complaint filed in the Middle District of Pennsylvania
on February 22, 2018, This is an action concerning, inter alia, the Pennsylva-
nia Supreme  Court's striking of a validly-enacted congressional districting
plan and issuance of a substitute plan, each action in direct violation of the
Elections Clause of the United States Constitution (the 'Elections Clause').'
    Pennsylvania's supreme court declared on January 22 that the Congres-
sional Redistricting Act of 2011 clearly, plainly and palpably violates the
Constitution of the Commonwealth   of Pennsylvania and enjoined Pennsyl-
vania from  using the plan in 2018 congressional elections.2 On February 5,
2018, United  States Supreme Court  Justice Alito declined petitions to stay
the injunction.' The Pennsylvania court said that it would begin procedures
to establish new districts unless the other two branches of government sub-
mitted a constitutional plan by February 15. A 139-page opinion  issued on




   1. Complaint, Corman v. Torres, No. 1:18-cv-443 (M.D. Pa. Feb. 22, 2018), D.E. 1 [here-
inafter Corman Complaint]; Corman v. Torres, 287 F. Supp. 3d 558, 565 (M.D. Pa. 2018).
   2. Order, League of Women Voters of Pa. v. Pennsylvania, No. 159 MM 2017 (Pa. Jan. 22,
2018) [hereinafter Pa. Sup. Ct. Injunction], www.pacourts.us/assets/opinions/Supreme/
out/order%20%20grantedjurisdiction%20retained%20%2010339890932033626.pdf#search=
%22159%20MM%202017%22,   filed as Ex. B, Corman Complaint, supra note 1; see Corman,
287 F. Supp. 3d at 564; see also Michael Wines & Trip Gabriel, Pennsylvania District Map Is
Ruled Unconstitutional, N.Y. Times, Jan. 23, 2018, at A10.
   3. Docket Sheet, McCann v. League of Women Voters of Pa., No. 17A802 (U.S. Jan. 29,
2018); Docket Sheet, Turzai v. League of Women Voters of Pa., No. 17A795 (U.S. Jan. 26,
2018); see Adam Liptak, Justices Decline to Halt Court's Order to Redraw a Partisan Election
Map, N.Y. Times, Feb. 6, 2018, at A10.
   4. Pa. Sup. Ct. Injunction, supra note 2; see Corman, 287 F. Supp. 3d at 564.


Federal Judicial Center 7/12/2018


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