Help Wanted: The Constitutional Case against Gerrymandering to Protect Congressional Incumbents
This article argues that the Supreme Court has been incorrect in treating incumbent protection gerrymanders as a traditional and acceptable redistricting principle. Part I of the article sets out 3 separate lines of attack on excessive incumbent protection gerrymanders. Part II makes the case for judicial regulation of such gerrymanders and proposes a standard that would create a presumption of unconstitutionality that could be rebutted. A process oriented remedy is proposed and potential obstacles to a suit are also addressed.
Date of this Version
Walter M. Frank, "Help Wanted: The Constitutional Case against Gerrymandering to Protect Congressional Incumbents" (December 15, 2005). bepress Legal Series. bepress Legal Series.Working Paper 884.