No. 17-333October Term 2017Decided Jun 18, 2018
Besinek v. Lamone
The justices treated the voters' First Amendment claim as serious enough for further proceedings, but the prompt does not provide a final merits answer on the legal test.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 18, 2018
- What it's about
Republican voters challenged Maryland’s 2011 redesign of the Sixth Congressional District, claiming state officials redrew it to punish them for supporting Republican candidates and to weaken their voting power. In reviewing the denial of a preliminary injunction, the Supreme Court was asked what voters must prove to show injury and causation in a First Amendment challenge to a partisan gerrymander.
Question presented
1. Did the majority err in holding that, to establish an actual, concrete injury in a First Amendment retaliation challenge to a partisan gerrymander, a plaintiff must prove that the gerrymander has dictated and will continue to dictate the outcome of every election held in the district under the gerrymandered map? 2. Did the majority err in holding that the Mt. Healthy burden-shifting framework is inapplicable to First Amendment retaliation challenges to partisan gerrymanders? 3. Regardless of the applicable legal standards, did the majority err in holding that the present record does not permit a finding that the 2011 gerrymander was a but-for cause of the Democratic victories in the district in 2012, 2014, or 2016?
- Case path
United States District Court for the District of Maryland / Decision released Jun 18, 2018
- Area
First Amendment, Elections
Briefing
What it's about
Republican voters challenged Maryland's 2011 redesign of the Sixth Congressional District, saying it was redrawn to punish them for their political views and weaken their voting power. In a June 18, 2018 per curiam decision, the Supreme Court said the retaliation claim was substantial and should be heard by a three-judge district court.
Vote
The Court issued a per curiam decision on June 18, 2018, after argument on March 28, 2018. The prompt does not provide a vote count or opinion lineup.
“the plaintiffs’ retaliation claim is a substantial one, required to be heard by a three-judge district court”
Impact
The case matters because it deals with what voters must show to prove a partisan map injured them under the First Amendment. That affects people trying to challenge congressional maps, as well as state officials defending those maps.
What's next
The Supreme Court has finished its work on this docket entry. Any further litigation over the map had to continue in the lower court, including before a three-judge district court.
What was the core dispute in Besinek v. Lamone?
Republican voters said Maryland redrew one congressional district to retaliate against them for supporting Republican candidates. The case asked what injury and causation they had to prove.
What real-world consequences could this case have for voters?
It could affect how hard it is for voters to challenge a partisan district map in federal court. That matters in states where one party redraws lines to weaken the other side.
What happened next after the Supreme Court's 2018 action?
The Supreme Court's docket action was finished. Further proceedings, if any, had to continue in the lower court before a three-judge district court.
Decision
What the Court decided
The justices treated the voters' First Amendment claim as serious enough for further proceedings, but the prompt does not provide a final merits answer on the legal test.
Impact
The case matters because it deals with what voters must show to prove a partisan map injured them under the First Amendment. That affects people trying to challenge congressional maps, as well as state officials defending those maps.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 17-333
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 24, 2026
Opinion
opinion | Jun 18, 2018
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026