The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Benisekv.Lamone

CourtSupreme Court of the United States
Docket No.17-333
DecidedJune 18, 2018
Reporter585 U.S. 155
JudgesSupreme Court of the United States
Tags
CivilElection LawConstitutional LawFirst AmendmentPreliminary InjunctionGovernment LawAppellate Procedure
Case Summary

Republican Maryland voters alleged that the State’s 2011 congressional map was drawn to retaliate against them because of their political views. Six years after the map was adopted and after three elections had occurred, they sought a preliminary injunction preventing officials from using it in the 2018 election. The district court denied relief and stayed the case while the Supreme Court considered a related partisan-gerrymandering case. The Supreme Court affirmed. A preliminary injunction is an extraordinary remedy, and even an assumed likelihood of success does not eliminate the requirements of likely irreparable harm, favorable equities, and the public interest. The voters’ delay in presenting the retaliation theory undermined their request for emergency relief, while the approaching election deadline and unresolved legal standards made an injunction disruptive. The Court held that the district court acted within its equitable discretion in denying the injunction and waiting for further guidance. The decision did not resolve whether Maryland’s map violated the Constitution.

Opinion

Loading published copy…

The Far Side