While Deputy Solicitor General, Bender argued several notable cases, including:
Farmer v. Brennan (1994), in which the Court held that "deliberate indifference" to a substantial risk of serious harm to an inmate is cruel and unusual punishment.[5]
Bender was part of the team that drafted Arizona's Proposition 106, which created the Arizona Independent Redistricting Commission in 2000.[13] Bender subsequently sought one of the five seats on the commission.[14][15] His nomination was opposed by Republicans in the state legislature[16] and was the subject of an Arizona Supreme Court case: Adams v. Commission on Appellate Court Appointment.[17] The court held that members of tribal courts are not "public officials" for the purpose of the redistricting commission.[18]
Publications
Copyright and First Amendment After Eldred v. Ashcroft, 30 Colum J. L. & Arts 349 (2006)(SSRN).
Foreword, the School Tax Credit Case - a Study in Constitutional Misinterpretation, 32 Ariz. St. L. J. 1 (2000).
1990 Arizona Repatriation Legislation, 24 Ariz. St. L.J. 391 (1992)(SSRN).
Paul Bender (co-author). Political and Civil Rights in the United States (Orig. 1979; 4th Supp. 1982). Boston, Mass.: Little, Brown. ISBN0316236276, ISBN9780316236270.
^Levy, Gabrielle (June 29, 2015). "Supreme Court Upholds Arizona's Independent Redistricting Panel". U.S. News & World Report. Retrieved January 24, 2017. 'The people of the country are saying, 'Hey, we don't want legislators drawing their own districts,' Bender says. 'We don't want them gerrymandering the state in order to increase the political power of the people who happen to be in the majority. That's not democracy.'