“Not our problem,” Chief Justice Roberts essentially said. Photo: Pool/Getty Images For a while, the possibility that the U.S. Supreme Court would find partisan gerrymandering to be unconstitutional rested in the hands of Anthony Kennedy, a swing justice who seemed offended by the practice but could never quite find a method he liked to measure or remedy it. With his retirement last year, Court watchers figured the odds of the justices doing something about it had dropped significantly.
Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions. Indeed, Roberts suggested federal and state legislatures could police partisan gerrymandering more effectively than could federal courts, but Kagan put her finger on the emotional core of the conservatives’ argument: Political gerrymanders have always been with us. But the circumstances have entirely changed, she observed:
The silver lining of the Supreme Court’s retreat from interest in partisan gerrymandering is that it has led the Court to defer to recent efforts to attack the practice on state constitutional grounds. That’s what happened last year when the Pennsylvania Supreme Court struck down a GOP-drafted congressional map and substituted its own: As Republicans everywhere howled, the U.S. Supreme Court shrugged and refused to review the case.
ed_kilgore Anthony Kennedy should be ashamed of himself, period.
ed_kilgore Anthony Kennedy didn’t “take a pass” to retire. Ask his son, Trump’s banker at Deutsche Bank what the real deal was.
ed_kilgore Doubt that Anthony Kennedy would’ve voted differently. He has no shame.
ed_kilgore He’s not. Now what.
ed_kilgore Leadership failure. and ed_kilgore
ed_kilgore I thought Gerrymandering was illegal
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