Caucus v. Alabama

I agree with the majority’s disposition of the First Amendment partisan gerrymandering claim and with much of its reasoning in support of that disposition. As for the one-person, one-vote claim, while I agree that the issue of justiciability has been properly raised by the court, I respectfully disagree with the majority’s dismissal of the claim on that ground. And, second, I respectfully disagree with the majority’s reasoning on the merits.

I. BACKGROUND

In Alabama, during each election for members of the State Legislature (the House of Representatives and Senate), when Alabamians cast a vote…