Opinion

Badham v. March Fong Eu

  • 694 F. Supp. 664
  • 1988 U.S. Dist. LEXIS 15604
  • 1988 WL 90965
Court
District Court, N.D. California
Filed
Apr 21, 1988
Status
Published
On the bench
Poole, Zirpoli, Schnacke
Cited by
35 cases
Authority
More cited than 90.6%

dismissing partisan gerrymandering claim because the plaintiffs failed to allege any "interfer[ence] with [the allegedly disfavored party's] registration, organizing, voting, fund-raising, or campaigning" or that the interests of supporters of the disfavored party were "being 'entirely ignore[d]' by their congressional representatives" (third alteration in original) (quoting Bandemer , 478 U.S. at 132, 106 S.Ct. 2797 )

How later courts described this case

  • dismissing partisan gerrymandering claim because the plaintiffs failed to allege any "interfer[ence] with [the allegedly disfavored party's] registration, organizing, voting, fund-raising, or campaigning" or that the interests of supporters of the disfavored party were "being 'entirely ignore[d]' by their congressional representatives" (third alteration in original) (quoting Bandemer , 478 U.S. at 132, 106 S.Ct. 2797 )
  • holding that complaint setting forth repetitive and con-clusory claims failed to satisfy requirement of Bandemer that plaintiff allege exclusion from the political process as a whole
  • stating that Bandemer's intent requirement is easily satisfied, and focusing instead on allegations of discriminatory effects
  • concerning the state's congressional apportionment scheme but reviewing it to determine only if there had been outside interference in the Republican Party’s internal operations

Written by the judges who cited it.

The opinion

MEMORANDUM OPINION AND ORDER

Before POOLE, Circuit Judge, and ZIRPOLI and SCHNACKE, District Judges.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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