The Signature of Gerrymandering in Rucho v. Common Cause

36 Pages Posted: 8 Nov 2019

See all articles by Andrew Chin

Andrew Chin

University of North Carolina School of Law

Gregory Herschlag

Duke University

Jonathan Mattingly

Duke University

Date Written: October 29, 2019

Abstract

In recent years, the U.S. mathematical community has been directing unprecedented attention to the problem of partisan gerrymandering, aided by computational advances and spurred by litigation challenging the spate of extreme partisan redistricting that followed the 2010 census. As North Carolina scholars who have been involved in the landmark Rucho v. Common Cause litigation, we have written this Article with the threefold aim of explaining how the expert analysis of North Carolina's congressional map was performed, how it was used to substantiate the plaintiffs' claims at trial and on remand, and crucially, how it may serve to address the justiciability concerns that have long attended the Supreme Court's partisan gerrymandering jurisprudence and have represented the legal context for our work.

Keywords: gerrymandering, redistricting, election law, equal protection, statistical evidence

JEL Classification: C15

Suggested Citation

Chin, Andrew and Herschlag, Gregory and Mattingly, Jonathan, The Signature of Gerrymandering in Rucho v. Common Cause (October 29, 2019). South Carolina Law Review, Vol. 70, No. 4, 2019, UNC Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3477091

Andrew Chin (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall
100 Ridge Road
Chapel Hill, NC 27599-3380
United States
919-962-4116 (Phone)

Gregory Herschlag

Duke University

100 Fuqua Drive
Durham, NC 27708-0204
United States

Jonathan Mattingly

Duke University

100 Fuqua Drive
Durham, NC 27708-0204
United States

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