Transcription of In the Supreme Court of the United States
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In the Supreme Court of the United States
No. _____. In the Supreme Court of the United States _____. TEDDY DANIELS, PETITIONER. v. CAROL ANN CARTER, ET AL., RESPONDENTS. _____. ON PETITION FOR WRIT OF CERTIORARI. TO THE Supreme Court OF pennsylvania . _____. PETITION FOR A WRIT OF CERTIORARI. _____. GENE P. HAMILTON JONATHAN F. MITCHELL. Vice President & Counsel of Record General Counsel Mitchell Law PLLC. America First Legal Foundation 111 Congress Avenue 300 Independence Avenue SE Suite 400. Washington, DC 20003 Austin, Texas 78701. (202) 964-3721 (512) 686-3940. Counsel for Petitioner QUESTIONS PRESENTED. The Elections Clause provides that the Legislature . of each state must prescribe the Times, Places and Manner of holding Elections for Senators and Repre- sentatives. Const. art. I, 4, cl. 1. Yet sometimes the state judiciary must draw a congressional map in re- sponse to a constitutional violation or legislative impasse. When state courts impose a congressional map in these situations, they often act as though they enjoy the pre- rogative to impose a map of their choosing, uncon- strained by the requirements of Elections Clause or 2.
Supreme Court of Pennsylvania—which has a 5-2 Dem-ocratic majority—imposed a more partisan Democratic map backed by the Elias Law Group, overruling the rec-ommendation of its special master that had urged the adoption of the legislature’s plan. The question presented is: Do the Elections Clause and 2 U.S.C. § 2a(c) ...
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