Sheehan/Calderwood v. Oregon Legislative Assembly

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Election Law
  • Date Filed: 11-22-2021
  • Case #: S068989
  • Judge(s)/Court Below: Garrett, J. for the Court; Balmer, J.; Nakamoto, J.; Flynn, J.; Duncan J.; & Nelson J.
  • Full Text Opinion

The Court has long recognized that the legislature has broad discretion with respect to reapportionment. The Court will not substitute it’s own judgment for the wisdom of the plan.

Petitioners in both cases brought claims the apportionment of legislative districts by the Oregon Legislative Assembly claiming SB 882. Petitioners in Sheehan insisted that the purpose of the legislative districts set out in SB 882 were drawn to favor incumbents, the two major political parties, and the Democrats. Petitioners in Calderwood argued they were drawn for unlawful partisan purposes and to favor incumbents without considering ORS 188.010(1).The Court has long recognized that the legislature has broad discretion with respect to reapportionment. The Court will not substitute it’s own judgment for the wisdom of the plan. Based on the record of the Legislative Assembly, they have considered communities of common interest and geographic boundaries. They also considered public concerns which explained changes in the map challenged by Petitioners. Both petitions are dismissed.

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