After the 2010 census, the Illinois legislature drew new boundaries for U.S. House and legislative districts. The Democratic Party controls both houses of the legislature and holds the Governor’s chair, so the plan, not surprisingly, was drawn to maximize advantages for Democrats. The Illinois League of Women Voters then filed a lawsuit, alleging that the First Amendment bars using partisan considerations when redistricting is carried out. The case, League of Women Voters v Quinn, lost on October 28 in a 3-judge U.S. District Court. Here is the 9-page opinion. The case only deals with legislative redistricting, not U.S. House redistricting.
Now the League is considering whether to appeal to the U.S. Supreme Court. The U.S. Supreme Court several times has rejected challenges to gerrymandering, but those past decisions were based on the 14th amendment. The League’s case instead is based on the First Amendment. Here is the League’s brief in U.S. District Court, which tried to persuade the U.S. District Court to focus on Justice Anthony Kennedy’s concurrence in Vieth v Jubelirer, in which Kennedy hinted that while he would not invalidate Pennsylvania’s gerrymander in that case, that the First Amendment might someday compel a finding that partisan gerrymandering is unconstitutional.
The 3-judge U.S. District Court in Illinois did not even discuss Vieth, except in the second-to-last paragraph of the opinion.