Breaking: Supreme Court affirms without opinion lower court order rejecting partisan gerrrymandering claim in North Carolina https://www.supremecourt.gov/orders/courtorders/062818zr_k425.pdf … But two other cases remain pending and will work their way back to Court next term. This is somewhat of a surprise /1
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Justice Scalia took the position that partisan gerrymandering cases were non-justiciable back in 2004 but J. Kennedy---the deciding vote---said we need more time to consider if there is a manageable standard. /6
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This term's Gill and Benisek cases gave Kennedy the chance to finally agree to rein in gerrymandering. But he stayed silent even as J. Kagan in her concurrence fleshed out Kennedy's favorite theory that it violates the First Amendment /7
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It is hard to believe that Scalia III (Gorsuch II) would do anything but side with Roberts, Alito, Thomas and Gorsuch that these cases are nonjusticiable and courts should stay out. /8
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Today's summary affirmance will just give another argument to
#ncga to try to avoid being reined in by the courts. But make no mistake: the kind of sharp gerrymandering practice in NC will now spread throughout the country in the 2020 round of redistricting /9Show this thread -
as with many things, things that seem bad will be much worse with Kennedy gone. /10
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Here's the
@SCOTUSBlog page for the lower court petitionhttp://www.scotusblog.com/case-files/cases/harris-v-cooper/ …Show this thread
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FWIW, the RNC amicus in Gill, like its briefs in previous Supreme Court political gerrymandering cases, didn't argue such claims are nonjusticiable. It rejected the Wisconsin court's proposed rule, but institutionally the party seems to agree there should be some const'l limit
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To be clear, I was speaking exclusively for myself, not the RNC, based solely on publicly available previous filings. I obviously have no idea what effect Gill or any other developments may have on the party's current or future perceptions of justiciability.
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