![]() | A major contributor to this article appears to have a close connection with its subject.(March 2018) |
Paul Smith | |
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Personal details | |
Born | 1955 (age 68–69) Salt Lake City, Utah, U.S. |
Alma mater | Amherst College Yale University |
Paul March Smith (born 1955) is an American attorney who has argued many important cases, most notably Lawrence v. Texas and has argued 21 cases before the Supreme Court of the United States. In January 2017, he joined the faculty at Georgetown University Law Center, and also the Campaign Legal Center in Washington, D.C., as Vice President of Litigation and Strategy. [1] [2] Until 2017, he was a partner at Jenner & Block's Washington, D.C., office where he served as co-chair of the firm's Election Law and Redistricting practice. [3]
Smith graduated summa cum laude and Phi Beta Kappa from Amherst College in 1976 and received his J.D. degree from Yale Law School in 1979, where he served as Editor-in-Chief of the Yale Law Journal . [4] [5] In 2016, Smith was elected to the Amherst College Board of Trustees. [6]
After law school, Smith was a law clerk to Judge James L. Oakes of the United States Court of Appeals for the Second Circuit. From 1980-81, Smith was a law clerk to Supreme Court Justice Lewis F. Powell. Smith practiced law for 13 years in Washington, D.C., with the firms of Onek, Klein & Farr and Klein, Farr, Smith & Taranto. [7]
He had an active Supreme Court practice, including oral arguments in nineteen Supreme Court cases. These arguments have included two congressional redistricting cases, Lawrence v. Texas , involving the constitutionality of the Texas sodomy statute, United States v. American Library Association , involving a First Amendment challenge to the Children's Internet Protection Act and Mathias v. WorldCom (2001), dealing with the Eleventh Amendment immunity of state commissions. [8] Smith also worked extensively on several other First Amendment cases in the Supreme Court, involving issues ranging from commercial speech to defamation to "adult" speech on the Internet.
In February 2017, it was announced that Smith would be representing a group of 12 voters in the State of Wisconsin who were challenging the voting maps for its state assembly districts as unconstitutional partisan gerrymandering. [9] [10] Smith argued Gill v. Whitford before the Supreme Court on October 3, 2017. [11] It was the first partisan gerrymandering case to be heard by the Supreme Court since 2004. [12] In that case, Smith argued that partisan gerrymandering is a harm to democracy and that we are on the "cusp of a more serious problem" because officials drawing redistricting maps now have access to vast amounts of data, and because the electorate is now so polarized that voting has become more predictable than ever. [13]
Smith is also a former Chair of Lambda Legal's National Board of Directors. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of the LGBT community.
Smith is married to Michael Dennis and has two children. [14] Scott also attended Amherst College.
Smith was admitted to the bar in DC (on December 18, 1981), Maryland (on June 3, 1988), and New York (in 2006). [19]
Stephen Gerald Breyer is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School.
Jenner & Block is an American law firm with offices in Century City, Chicago, London, Los Angeles, New York City, San Francisco, and Washington, D.C. The firm is active in corporate litigation, business transactions, the public sector, and other legal fields. It has litigated several prominent cases before the United States Supreme Court. As of 2014, it was the 103rd-largest law firm in the US, based on The American Lawyer's annual ranking of firms by headcount.
Paul Drew Clement is an American lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm, Clement & Murphy, in 2022 after leaving Kirkland & Ellis, following that firm’s decision to end its Second Amendment work. He is also a Distinguished Lecturer in Law at Georgetown University and an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005, for the post of Solicitor General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13.
Charles J. "Chuck" Cooper is an appellate attorney and litigator in Washington, D.C., where he is a founding member and chairman of the law firm Cooper & Kirk, PLLC. He was named by The National Law Journal as one of the 10 best civil litigators in Washington. The New York Times described him as "one of Washington’s best-known lawyers." He has represented prominent American political figures, including Attorney General Jeff Sessions, in response to the alleged Russian interference in the 2016 United States elections; Attorney General John Ashcroft; and former National Security Adviser and United States Ambassador to the United Nations John Bolton.
League of United Latin American Citizens v. Perry, 548 U.S. 399 (2006), is a Supreme Court of the United States case in which the Court ruled that only District 23 of the 2003 Texas redistricting violated the Voting Rights Act. The Court refused to throw out the entire plan, ruling that the plaintiffs failed to state a sufficient claim of partisan gerrymandering.
Thomas Michael Hardiman is a United States circuit judge of the United States Court of Appeals for the Third Circuit. Nominated by President George W. Bush, he began active service on April 2, 2007. He maintains chambers in Pittsburgh, Pennsylvania, and was previously a United States district judge.
Vieth v. Jubelirer, 541 U.S. 267 (2004), was a United States Supreme Court ruling that was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality opinion by Justice Antonin Scalia and joined by Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas, with Justice Anthony Kennedy concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional. Subsequent to the ruling, partisan bias in redistricting increased dramatically in the 2010 redistricting round.
Davis v. Bandemer, 478 U.S. 109 (1986), is a case in which the United States Supreme Court held that claims of partisan gerrymandering were justiciable, but failed to agree on a clear standard for the judicial review of the class of claims of a political nature to which such cases belong. The decision was later limited with respect to many of the elements directly involving issues of redistricting and political gerrymandering, but was somewhat broadened with respect to less significant ancillary procedural issues. Democrats had won 51.9% of the votes, but only 43/100 seats. Democrats sued on basis of one man, one vote, however, California Democrats supported the Indiana GOP's plan.
Donald Beaton Verrilli Jr. is an American lawyer who served as the solicitor general of the United States from 2011 to 2016. President Barack Obama nominated Verrilli to the post on January 26, 2011. On June 6, the United States Senate confirmed Verrilli in a 72–16 vote, and he was sworn in on June 9. Verrilli previously served in the Obama administration as the associate deputy attorney general and as Deputy Counsel to the President. He is currently a partner in the Washington, D.C. office of Munger, Tolles & Olson and a lecturer at Columbia University Law School, his alma mater.
Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. The term "gerrymandering" was coined after a review of Massachusetts's redistricting maps of 1812 set by Governor Elbridge Gerry noted that one of the districts looked like a mythical salamander.
The 2020 United States redistricting cycle is in progress following the completion of the 2020 United States census. In all fifty states, various bodies are re-drawing state legislative districts. States that are apportioned more than one seat in the United States House of Representatives are also drawing new districts for that legislative body.
Gill v. Whitford, 585 U.S. ___ (2018), was a United States Supreme Court case involving the constitutionality of partisan gerrymandering. Other forms of gerrymandering based on racial or ethnic grounds had been deemed unconstitutional, and while the Supreme Court had identified that extreme partisan gerrymandering could also be unconstitutional, the Court had not agreed on how this could be defined, leaving the question to lower courts to decide. That issue was later resolved in Rucho v. Common Cause, in which the Court decided that partisan gerrymanders presented a nonjusticiable political question.
Paul Bender is an American legal scholar and former dean of the Arizona State University college of law. He was formerly a professor at the University of Pennsylvania Law School. Over his career Bender has argued more than 20 cases before the United States Supreme Court. He is often cited as an expert in constitutional law.
National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755 (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment."
Benisek v. Lamone, 585 U.S. ____ (2018), and Lamone v. Benisek, 588 U.S. ____ (2019), were a pair of decisions by the Supreme Court of the United States in a case dealing with the topic of partisan gerrymandering arising from the 2011 Democratic party-favored redistricting of Maryland. At the center of the cases was Maryland's 6th district which historically favored Republicans and which was redrawn in 2011 to shift the political majority to become Democratic via vote dilution. Affected voters filed suit, stating that the redistricting violated their right of representation under Article One, Section Two of the U.S. Constitution and freedom of association of the First Amendment.
Abbott v. Perez, 585 U.S. ___ (2018), was a United States Supreme Court case dealing with the redistricting of the state of Texas following the 2010 census.
Rucho v. Common Cause, No. 18-422, 588 U.S. 684 (2019) is a landmark case of the United States Supreme Court concerning partisan gerrymandering. The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the jurisdiction of these courts.
Moore v. Harper, 600 U.S. 1 (2023), is a decision of the Supreme Court of the United States that rejected the independent state legislature theory (ISL), a theory that asserts state legislatures have sole authority to establish election laws for federal elections within their respective states without judicial review by state courts, without presentment to state governors, and without constraint by state constitutions. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.
Alexander v. South Carolina State Conference of the NAACP, 602 U.S. ___ (2024), was a United States Supreme Court case regarding racial gerrymandering and partisan gerrymandering within South Carolina's 1st congressional district, which includes most of Charleston.
Nicholas Stephanopoulos is an American legal scholar who is the Kirkland & Ellis Professor of Law at Harvard Law School. His scholarship primarily focuses on election law, constitutional law, and the interplay between law and democracy. Recognized as a leading expert in election law, his work has been cited numerous times by the United States Supreme Court. He has contributed significantly to the study of partisan gerrymandering and is a co-founder of PlanScore, a platform for evaluating district plans. He co-invented the efficiency gap, a metric used to measure potential gerrymandering in electoral systems, which quantifies the fairness of districting by calculating wasted votes.