High Court Should Rule No Party Has a ‘Right’ to Win

We have joined with the Allied Educational Foundation (AEF) in filing an additional amici curiae brief in the U.S. Supreme Court in an effort to convince the high court to reject the arbitrary method of drawing Wisconsin’s electoral districts adopted in Beverly R. Gill, et al. v. William Whitford, et al. (No. 16-1161).

The lower court struck down Wisconsin’s 2011 redistricting plan on the grounds that it was an unconstitutional gerrymander. We asked the high court to take up the case and overturn that ruling. We filed an earlier amici brief in this case.

Judicial Watch and AEF argued in our joint brief against the ruling by the U.S. District Court for the Western District of Wisconsin. That ruling relied in part on the use of a test for gerrymandering known as the “the efficiency gap,” which focuses on a purely hypothetical estimate of what each party “should” win in a “fair” election.