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And … we have the gerrymandering cases. Looks like federal courts are out of the partisan gerrymandering business.
Now the fight against unfair districts turns to ballot initiatives and state courts. And where those don’t work? You’ll need the party in power to be either afraid of or surprised by an electoral tsunami.
If the 2021 lines were drawn right now (that is, ignoring any shifts based on the 2020 elections), here’s a map of who would have unilateral control in which states: redistricting.lls.edu/who-partyfed20…
The federal cases in NC, MD, OH, MI, and WI now die on the vine.
BTW, for those who think this was an act of judicial restraint by the Court: nope. @ProfGuyCharles and @lfr_ishere had it right. harvardlawreview.org/2018/11/judici…
One of the more intriguing questions after today's opinion: whether the new structure in New York designed to limit partisan excess will hold back a whole lot more pressure on New York Ds to counteract partisan congressional districts elsewhere.
The Court's gerrymandering decision today is a mistake ... but it's a mistake we've gotten used to. This fight has never been primarily in the federal courts. It now continues where it has (of necessity) been: state courts and overwhelming force at the ballot box.
