Vieth v. Jubelirer
Encyclopedia
Vieth v. Jubelirer, , was a case heard before the United States Supreme Court. The ruling was significant in the area of partisan redistricting
and political gerrymandering
. The court, in a plurality decision by Justice Antonin Scalia
and joined by Chief Justice William Rehnquist
and Justices Sandra Day O'Connor
and Clarence Thomas
, with Justice Anthony Kennedy
concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional.
registered to vote in the State
of Pennsylvania
. They contended that the Republican
controlled Pennsylvania General Assembly
had unconstitutionally gerrymandered the districts for the election of congressional representatives. This, the plaintiffs claimed, denied Democrats full participation in the American
political process by violating the one-person one-vote requirement of Article I of the United States Constitution, and denied Democrats equal protection of the laws under the Fourteenth Amendment to the United States Constitution
.
The 2000 census
determined that Pennsylvania was entitled to 19 Representatives in the United States Congress
(two fewer than the previous delegation
) and congressional election districts therefore had to be redrawn consistent with previous Supreme Court rulings. At the time the election districts were being drawn the Republican Party
controlled both houses of the Pennsylvania
legislature
, and the Governor's office. According to the plaintiffs, prominent Republicans in the national party put pressure on the Assembly to redistrict along partisan lines "as a punitive measure against Democrats for having enacted pro-Democratic redistricting plans elsewhere" and to benefit the party in congressional elections in Pennsylvania.
Justice Anthony Kennedy concurred with the ruling of the court to uphold the District Court's decision, but maintained that cases of political gerrymandering were not justiciable in accordance with the majority decision. He did not, however, foreclose the possibility that judicially manageable standards for gerrymandering could be developed in future cases before the Court.
Justice John Paul Stevens
, Justice David Souter
, and Justice Stephen Breyer
each provided dissenting opinions.
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
and political gerrymandering
Gerrymandering
In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts...
. The court, in a plurality decision by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and joined by Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
and Justices Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
, with Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional.
Background
The plaintiff-appellants in this case were Norma Jean and Richard Vieth and Susan Furey, DemocratsDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
registered to vote in the State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. They contended that the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
controlled Pennsylvania General Assembly
Pennsylvania General Assembly
The Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...
had unconstitutionally gerrymandered the districts for the election of congressional representatives. This, the plaintiffs claimed, denied Democrats full participation in the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
political process by violating the one-person one-vote requirement of Article I of the United States Constitution, and denied Democrats equal protection of the laws under the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
The 2000 census
United States Census, 2000
The Twenty-second United States Census, known as Census 2000 and conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2% over the 248,709,873 persons enumerated during the 1990 Census...
determined that Pennsylvania was entitled to 19 Representatives in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
(two fewer than the previous delegation
Delegation
Delegation is the assignment of authority and responsibility to another person to carry out specific activities. However the person who delegated the work remains accountable for the outcome of the delegated work. Delegation empowers a subordinate to make decisions, i.e...
) and congressional election districts therefore had to be redrawn consistent with previous Supreme Court rulings. At the time the election districts were being drawn the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
controlled both houses of the Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and the Governor's office. According to the plaintiffs, prominent Republicans in the national party put pressure on the Assembly to redistrict along partisan lines "as a punitive measure against Democrats for having enacted pro-Democratic redistricting plans elsewhere" and to benefit the party in congressional elections in Pennsylvania.
Opinion of the Court
The plurality opinion determined that partisan gerrymandering claims were nonjusticiable because there was no discernible and manageable standard for "adjudicating political gerrymandering claims." The court did not explicitly overturn its ruling in an earlier case that the court could have deemed controlling: five justices were unwilling to determine that partisan gerrymandering claims were nonjusticiable.Justice Anthony Kennedy concurred with the ruling of the court to uphold the District Court's decision, but maintained that cases of political gerrymandering were not justiciable in accordance with the majority decision. He did not, however, foreclose the possibility that judicially manageable standards for gerrymandering could be developed in future cases before the Court.
Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, and Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
each provided dissenting opinions.