Vieth v. Jubelirer

Summary

The Court affirmed dismissal of the challenge to Pennsylvania's congressional map, but no rationale commanded five votes. Justice Scalia, joined by Chief Justice Rehnquist and Justices O'Connor and Thomas, concluded that partisan-gerrymandering claims lack judicially discernible and manageable standards and would have overruled Davis v. Bandemer. Justice Kennedy concurred in the judgment on the narrower ground that the plaintiffs had not supplied a workable standard establishing an unconstitutional burden on their representational rights; he refused to foreclose future claims and suggested that the First Amendment might supply a basis for relief. Justice Stevens dissented alone, proposing application of racial-gerrymandering principles to Furey's district-specific claim and reversal and remand. Justice Souter, joined by Justice Ginsburg, proposed a five-element, district-specific prima facie test and would have vacated and remanded to permit amendment. Justice Breyer dissented alone, proposing scrutiny of unjustified entrenchment of a political minority and allowing the plaintiffs to proceed. Bandemer was not overruled.