Editor's Introduction

This minisymposium brings together excerpts from the expert witness declarations of four political scientists in an important case challenging California's congressional reapportionment as an unconstitutional political gerrymander,Badham v. Eu(D.C. California, 1984). These declarations are merely the “opening gun” inBadham. If the case goes to trial, we can anticipate additional statistical analyses will be performed and, of course, each of these experts would be subject to cross-examination about his testimony. Nonetheless, these four declarations represent an excellent illustration of the potential for political science (and political scientists) to be helpful to (even if not determinative of) judicial decision-making in an important policy arena.The basic issues raised byBadhamare as follows:What is a gerrymander? Are there manageable standards through which political gerrymandering can be detected and measured? Is there (prima facie) evidence giving rise to a (rebuttable) presumption that the California congressional plans in 1981 and 1983 were political gerrymandering? Ought political gerrymandering to be justiciable? If so, did the degree of political manipulation in the California congressional plan(s) rise to the level of constitutional violation? If political gerrymandering is held justiciable, on whom should the burden of proof of gerrymandering rest?