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Josh Blackman @JoshMBlackman
, 7 tweets, 5 min read Read on Twitter
1/ PA Republicans seek emergency stay from J. Alito: "unless this Court intervenes to enforce the distinction within the state between “the Legislature thereof” and the other branches, the Elections Clause will be rendered meaningless." #SCOTUS electionlawblog.org/wp-content/upl…
2/ The basis of the challenge is one of delegation: does the Constitution delegate the map-drawing power to the state legislature (law-making) or the state court (law-interpreting)?
3/ The application expressly relies on Arizona State Legislature, which focused on the "lawmaking" power and "empower[ing] the people" #SCOTUS
4/ I don't put much stock in J. Alito's denial of the stay before the PA Supreme Court drew the map. At that point, there was not yet a plausible violation of the Elections Clause. Now that the map has been drawn, the facts are different.
5/ One possible factor favoring a stay: #SCOTUS will want to have final word on political gerrymandering in Gill v. Whitford. PA decision (though under state constitution) stole some of Gill's thunder. A stay will allow #SCOTUS to maintain status quo till it resolves issue
6/ Specifically, while the PA decision was premised on the state constitution, if #SCOTUS (AMK) finds that 1st Amendment factors into political gerrymandering issue, a stay could make sense: the 1st Am would also inform the Pennsylvania case.
7/ @adamjwhitedc reminds me that Justice Alito was exposed to the difficulties of redistricting at a very young age. His father headed the NJ Office of Legislative Services, and helped redraw district lines after each census. weeklystandard.com/the-burkean-ju… #SCOTUS
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