BREAKING: #SCOTUS rules that political gerrymandering is an issue outside the scope of judicial review. 5-4 vote. This is unlike racial gerrymandering, which the #SCOTUS has held is unconstitutional. The case came down to what test courts could employ to decide how much partisan gerrymandering is too much. The conservative justices said there was no good test to use. Chief Justice Roberts famously called the tests preferred by the challengers “sociological gobbledygook.”