The Three-Judge Court Act, dating back more than a century, requires that three-judge panels must hear all constitutional challenges to legislative redistricting unless, according to past Supreme Court rulings, the case is "obviously frivolous," "essentially fictitious," "wholly insubstantial," or "obviously without merit." Yet, in 2003, the Fourth Circuit Court began to ignore this precedent in determining that a single judge could decide not to convene a three-judge panel if he determined the case was not "plausible." The Fourth Circuit again applied the same contrarian standard in its 2014 ruling against plaintiffs Shapiro, Benisek, and Pycha.
Congress and the courts have recognized the vital importance of safeguarding voters against gerrymandering abuses by passing and upholding the Three-Judge Court Act. The Fourth Circuit subverts this law by allowing one judge inordinate power to effectively decide whether voters can challenge how a state draws congressional and state legislative districts. And JW's position is that no one is above the law, most especially the courts.
In November 2013, Shapiro, Benisek, and Pycha sued Bobbie Mack (the chair of the Maryland State Board of Elections) and Linda Lamone (the state administrator of the Maryland State Board of Elections) in the U.S. District Court for the District of Maryland, alleging that the 2011 congressional districts established by the Maryland General Assembly violated their constitutional rights. When a single district court judge dismissed the suit, the plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit. In October 2014, the Fourth Circuit upheld the district court ruling, denying the plaintiffs an oral hearing before a three-judge panel. In February 2015, the plaintiffs filed a petition for a Writ of Certiorari to the U.S. Supreme Court.
Our legal team argues that the Fourth Circuit decision "raises an important issue of federal election law that should be heard by this Court," adding:
Let's review some recent history to help drive home the importance of this case and what it means for average voters across the country.
Congress intended redistricting and other constitutional challenges under laws such as the Civil Rights Act of 1964 to be heard under the "exceptional procedure" of a special three-judge panel. In 1976, Congress strengthened the Three-Judge Act by specifically ensuring that redistricting cases were handled by such panels in order "to assure more weight and greater deliberation by not leaving the fate of such litigation to a single judge." As we say in our amicus, by instead using "motions to dismiss" to arbitrarily limit access to three-judge courts, the Fourth Circuit has "turned the Three-Judge Court Act's purpose and framework on its head."
The Three-Judge Court Act allows appeals from the district court three-judge panels to go directly to the Supreme Court, bypassing the federal circuit courts of appeals. This statute assures a speedy resolution to this important class of cases:
Your JW has been out in front of this case for some time now. We first entered the Maryland redistricting battle on August 10, 2012, when we represented MDPetitions.com and Delegate Neil Parrott in the successful lawsuit to block a move by the state's Democrat party to have an Election Day voter referendum on the state's controversial gerrymandering plan removed from the ballot. Three weeks later, Judicial Watch again represented Parrott in filing a complaint against Maryland Secretary of State John McDonough and the State Board of Elections challenging the misleading wording of the ballot question.
Whether or not the Supreme Court decides to review the case (grants cert), Judicial Watch isn't walking away from the gerrymandering abuse in Maryland. You can expect more court action to uphold constitutional protections of citizens' voting rights from shady state politicians who treat entire communities and voters like pieces on a game board.
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This article was three items in Judicial Watch Makes History. The two other two articles were Judicial Watch Files Seven Lawsuits to Expose Clinton Email Scandal and Skiing and Politicking on the Taxpayer Dime.
Tags: Judicial Watch, are Courts above the Law, Fourth Circuit, violates, Three-Judge Courts Act, gerrymandered redistricting plans, disenfranchise voters, violate the Constitution, Supreme Court, To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
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