Introduction:
Davis v. Bandemer was a landmark case decided by the United States Supreme Court in 1986. It addressed the issue of political gerrymandering, specifically focusing on the question of whether a redistricting plan that intentionally favored one political party over another violated the Fourteenth Amendment's Equal Protection Clause. The case provided an opportunity for the Supreme Court to establish guidelines for evaluating claims of partisan gerrymandering and determining when such practices infringe upon constitutional rights.
Issue & Rule
The main issue in Davis v. Bandemer was whether the redistricting plan in Indiana, which was heavily gerrymandered to favor the Republican Party, violated the Equal Protection Clause of the Fourteenth Amendment. The Court's ruling established the standard for evaluating partisan gerrymandering claims, stating that a claimant must demonstrate both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group. Additionally, the Court held that political gerrymandering cases were justiciable, meaning that federal courts had the authority to review and intervene in such cases.
Conclusion
In a divided decision, the Supreme Court concluded that the redistricting plan in Indiana did not violate the Equal Protection Clause. The Court, however, failed to reach a consensus on the standard for evaluating partisan gerrymandering claims. While a majority of the justices agreed that intentional discrimination and discriminatory effects were required to establish a claim, they disagreed on the appropriate legal test to determine whether these elements were present.
Impact
The decision in Davis v. Bandemer left a significant impact on the issue of political gerrymandering. It highlighted the challenge of establishing a clear and workable standard for evaluating claims of partisan gerrymandering and determining their constitutionality. The lack of a definitive legal test allowed states to continue engaging in political gerrymandering practices, resulting in widespread manipulation of district boundaries to favor one party over another. Subsequent court cases, such as Vieth v. Jubelirer (2004) and Gill v. Whitford (2018), attempted to address the issue, but the Supreme Court has yet to establish a clear standard for evaluating partisan gerrymandering claims.
References
- Amar, Vikram R. "Equal Protection and Disparate Impact: Round Three." Michigan Law Review 87, no. 6 (1988): 1392-1442.
- "Case Brief: Davis v. Bandemer, 478 U.S. 109 (1986)." Oyez, accessed May 11, 2023, https://www.oyez.org/cases/1985/85-993.
- Davis v. Bandemer, 478 U.S. 109 (1986).
- Grofman, Bernard, Thomas Brunell, and Lisa Handley. "A Law and Economics Perspective on Davis v. Bandemer." Law & Society Review 37, no. 4 (2003):