Vieth v. Jubelirer
Plaintiffs, who are Democratic Pennsylvania voters, brought an action against the Commonwealth of Pennsylvania and various government officers to enjoin Pennsylvania's Congressional redistricting plan, which was signed into law in 2002. Plaintiffs alleged that the plan is biased in favor of the Republican party and implementation of the plan would effectively preclude Democratic voters from being represented by members of Congress who represent their views, thus violating various constitutional rights. A three judge panel concluded that Plaintiffs had standing to sue and that they had alleged a valid cause of action for violation of the one person, one vote requirement of Article I of the U.S. Constitution.
Questions Presented:
1. Whether the District Court erred in effectively concluding that voters affiliated with a major political party may never state a claim of unconstitutional partisan gerrymandering, thereby
nullifying this Court's decision in Davis v. Bandemer, 478 U.S. 109 (1986).
2. Whether a State presumptively violates the Equal Protection Clause when it subordinates all traditional, neutral districting principles to the overarching goal of drawing a congressional
redistricting map that achieves maximum partisan advantage for members of one political party.
3. Whether a State exceeds its delegated power under Article I of the Constitution when it draws congressional district boundaries to ensure that candidates from one political party will
consistently capture a supermajority of the State's congressional seats even if those candidates win less than half the popular vote statewide.
Decisions under Review:
U.S. District Court - Middle District of Pennsylvania, Opinion and Order Granting Motions to Dismiss
in Part, April 8, 2002
U.S. District Court - Middle District of Pennsylvania, Opinion and Order Granting Declaratory and
Injunctive Relief, April 8, 2002
