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5-4 vote: Supreme Court holds partisan gerrymandering cases non-justiciable, meaning federal courts cannot consider such challenges. Split along Republican/Democrat conservative/liberal lines. Exactly what we were expecting supremecourt.gov/opinions/18pdf…
All of this talk about Roberts being the swing vote, or worried about appearances of being political:
not on the issues he cares about the most, which are politics, race and power. See Shelby County, Citizens United, and now....Rucho.
not on the issues he cares about the most, which are politics, race and power. See Shelby County, Citizens United, and now....Rucho.
And though it doesn't appear the Rucho dissent makes a deal of this, the majority had to overrule another precedent to hold partisan gerrymandering cases non-justiciable: Bandemer.
I had thought that given the hard partisan lines on the census case (which I expect to favor the government), that perhaps Roberts and Kavanaugh would allow partisan gerrymandering cases in the most extreme cases. That they did not tells you a lot about what's to come.
Indeed, on another thread I explain that next shoe to drop may be to hold that states cannot use redistricting commissions to draw lines for CONGRESSIONAL districts:
So Roberts flipping in the census case but not partisan gerrymandering is interesting---more on that to come from me.
