In the Spring 2019 edition of Stetson Journal of Advocacy and the Law, D. Michael Crites and Mathew G. Drocton examine partisan gerrymandering. Part I of their article provides an overview of the redistricting process in the United States, including how technological advances have allowed for increased partisan advantage in redistricting. Part II discusses the Supreme Court’s jurisprudence in redistricting cases prior to Benisekand Gill. Part III describes the efficiency gap and analyzes the efficiency gap after Gill. Part IV begins with the background on the First Amendment theory for a partisan gerrymandering claim and goes on to conduct a post-mortem of the theory after Gill and Benisek. Finally, Part V considers standing for future partisan gerrymandering challengers.

Read the full article here.