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VIETH v. JUBELIRER

No. 02-1580.

541 U.S. 267 (2004)

124 S.Ct. 1769

158 L.Ed.2d 546

VIETH ET AL. v. JUBELIRER, PRESIDENT OF THE PENNSYLVANIA SENATE, ET AL.

Supreme Court of United States.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Paul M. Smith argued the cause for appellants. With him on the briefs were Thomas J. Perrelli, Bruce V. Spiva, Sam Hirsch, Daniel Mach, and Robert B. Hoffman.

John P. Krill, Jr., argued the cause for appellee Jubelirer et al. With him on the brief were Linda J. Shorey and Julia M. Glencer. J. Bart DeLone, Senior Deputy Attorney General of Pennsylvania, argued the cause for appellee Cortés et al. With him on the brief were D. Michael Fisher, Attorney General, and John G. Knorr III, Chief Deputy Attorney General.*

JUSTICE SCALIA announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE O'CONNOR, and JUSTICE THOMAS join.

Plaintiffs-appellants Richard Vieth, Norma Jean Vieth, and Susan Furey challenge a map drawn by the Pennsylvania General Assembly establishing districts for the election of congressional Representatives, on the ground that the districting constitutes an unconstitutional political gerrymander.1 In Davis v. Bandemer, 478 U.S. 109 (1986), this Court held that political gerrymandering claims are justiciable...

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