This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
What each side argues
Appellants’ Position
According to Mr. Kimberly, the appellants argue that other tests proposed by amici are not appropriate for the Sixth District focus of the case.
According to Mr. Kimberly, an example of the alleged gerrymandering effect is the change in the Eighth Congressional District.
According to Mr. Kimberly, metrics used to predict electoral outcomes are reliable and uncontested.
According to Michael B. Kimberly, the burden under the First Amendment makes it more difficult for particular citizens to achieve electoral success because their views are disapproved by those in power.
Appellee’s Position
According to Mr. Sullivan, there is no showing of a totality of circumstances indicating historical or sociological exclusion of a minority group.
According to Mr. Sullivan, republicans are a major party that has frequently controlled government, not a protected minority.
What happened at oral argument
Justice Sotomayor asked whether any other test applied, referencing the ACLU.
According to Justice Ginsburg, justice Ginsburg inquired about permissible de minimis exceptions.
According to Justice Gorsuch, justice Gorsuch questioned causation and the effect of voter approval on intent.
Justice Kennedy asked whether a Maryland constitutional provision requiring partisan advantage would be lawful.
The hearing adjourned at 11:06 a.m.
- [1] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 24
- [2] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 30
- [3] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 32
- [4] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 56
- [5] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 46
- [6] 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdf, p. 73
What the Court decided
Why it matters
According to Michael B. Kimberly, the burden under the First Amendment makes it more difficult for particular citizens to achieve electoral success because their views are disapproved by those in power.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 5733ececf1bcdd92f5f2-r1-d0dc013999b70159.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.