Benisek v. Lamone (17-333)

Question

Did the majority err in holding that, to establish an actual, concrete injury in a First Amendment retaliation challenge to a partisan gerrymander, a plaintiff must prove that the gerrymander has dictated and will continue to dictate the outcome of every election held in the district under the gerrymandered map?

Did the majority err in holding that the Mt. Healthy burden-shifting framework is inapplicable to First Amendment retaliation challenges to partisan gerrymanders?

Regardless of the applicable legal standards, did the majority err in holding that the present record does not permit a finding that the 2011 gerrymander was a but-for cause of the Democratic victories in the district in 2012, 2014, or 2016?

Petitioner: O. John Benisek, et al.

Respondent: Linda H. Lamone, Administrator, Maryland State Board of Elections, et al.

Granted: 2017-12-08 00:00:00

Decided: 2018-06-18 00:00:00

Argued: 2018-03-28 10:03:00

Uploaded: 2018-04-03 19:54:00

Advocates: Michael B. Kimberly, Steven Marshall Sullivan

Links: Oyez | Opinion | Youtube

Tags: 1st Amendment, Voting Rights and Redistricting