Kentucky Supreme Court – Graham v. Adams Amicus Brief Filed

On July 11, the State Democracy Research Initiative submitted an amicus brief on behalf of Professor Joshua A. Douglas of the University of Kentucky Rosenberg College of Law in a redistricting lawsuit pending before the Kentucky Supreme Court, Graham v. Adams.

The case considers whether the Kentucky Constitution prohibits partisan gerrymandering of state legislative and congressional districts. A lower court previously found that the Kentucky General Assembly enacted partisan gerrymanders for the state’s legislative and congressional districts during the most recent redistricting cycle but concluded that the Kentucky Constitution does not prohibit partisan gerrymandering.

The amicus brief argues that the Kentucky Constitution’s guarantee that “[a]ll elections shall be free and equal” prohibits extreme partisan gerrymandering. The brief discusses the state constitution’s underlying structural principles, the historical context of Kentucky’s Free and Equal Elections Clause, the Kentucky Supreme Court’s prior decisions interpreting the Clause, and other states that have interpreted similar constitutional provisions in related contexts.

Together with Professor Douglas, Senior Staff Attorney Derek Clinger contributed significantly to the brief.