Chief Justice Roberts mr. Sullivan . Mr. Sullivan mr. Chief justice, and may it please the court to the maryland case and if i can address some of the concerns heard in the argument that you just had. In this case, the court should reverse for three reasons. The First Amendment retaliation a single test was used here. It does not give the courts and the legislatures the means to distinguish between the consideration and those that are constitutionally acceptable. Justice kagan was this an excessive political consideration . I dont think it was, your honor. Like it or not, this is the norm one has more than 60 of the vote in congressional elections. Justice kagan if thats right, then the defense isnt really we cannot tell the difference, because you only need 10000 votes to do the population measure that baker requires, and instead mapmakers move 66,000 republicans out of the district, 24,000 districts, flips the composition from 47 36 democrats,nd effectively ensuring that 35 land, whi
Reverse and vacate for three reasons. The First Amendment retaliation test that was adopted fails to provide a manageable standard because it does not give courts and legislators the means to distinguish between excessive political consideration and those that have been deemed constitutionally acceptable. Was this a political consideration . I dont think it is, your honor. This is the norm where states receive one party receives more than 60 of the vote and congressional elections. If that is right in your defense is not really we cant tell the difference between and nonexcessive. To doly need 10,000 votes the population measure. Moved 66,000kers republicans out of the district, flips the composition of the district from 47 republicans and 36 democrats to 45 democrats. Effectively insuring the republicans will never win this seat again, and maryland, which has 35 republicans is going to have one Republican House member for the foreseeable future. How is that not excessive . We assume i
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