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80: Lead Dem Election Lawyer Marc Elias on the Epic Battle for Our Democracy

The Al Franken Podcast

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We're Back With Mark Elias We'll Take a Quick Break

The supreme court decided, but a couple of years ago, that they didn't have a jurisdiction over making sure the states don't jerry mander. They decided in case rucho versus common cause, that there is no cognizable federal claim for partisan jurymander. So you can still challenge jerrymanders unconstitutional under if they are racially jerrymandered or if they violate federal law,. And you can challenge them under state constitutions. But they're basically saying constitutionally, we have no say over whether a state legislature is deliberately jerry mandering for the advantage of one party over the other.

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