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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
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@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. My books: https://amzn.to/2R22PEa 

Studio City, California
electionlawblog.org
Joined June 2009

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    Rick Hasen‏Verified account @rickhasen Jan 3

    There's an excellent chance that tomorrow the Supreme Court will announce it will take up (again) the question whether partisan gerrymandering is unconstitutional. Don't take an agreement to hear case as a sign the Court will police gerrymandering. It is actually the opposite. /1

    6:30 pm - 3 Jan 2019
    • 294 Retweets
    • 477 Likes
    • Todd Wesley Hellems Pricey Harrison Stormy Stephanie Aaron Shattuck Mario Citta 🌊TangoDelta at Level:FURY Kelli Rose Q. Public kmma
    13 replies . 294 retweets 477 likes
      1. New conversation
      2. Rick Hasen‏Verified account @rickhasen Jan 3

        A three-judge district court found that North Carolina's congressional districts were an unconstitutional partisan gerrymander. These kinds of cases come up to #SCOTUS on "appeal" not a "cert. petition" and a ruling not to hear an appeal means the lower court got it right. /2

        3 replies . 39 retweets 119 likes
        Show this thread
      3. Rick Hasen‏Verified account @rickhasen Jan 3

        So it's almost impossible to believe that Court won't hear the North Carolina case. Last term the Court ducked the merits in the Wisconsin partisan gerrymandering case. But it is clear that the conservatives on the Court are skeptical federal courts can police gerrymandering. /3

        2 replies . 32 retweets 91 likes
        Show this thread
      4. Rick Hasen‏Verified account @rickhasen Jan 3

        The wildcard last year was Justice Kennedy, who had vacillated on the question whether courts could hear partisan gerrymandering cases since 2004. The Court's punt in Wisconsin was because Kennedy wasn't ready to join the four liberals to start federal courts policing this. /4

        1 reply . 30 retweets 93 likes
        Show this thread
      5. Rick Hasen‏Verified account @rickhasen Jan 3

        And now Kennedy is gone, replaced by Kavanaugh. We don't know what Justice Kavanaugh thinks specifically about partisan gerrymandering, but his general ideological orientation makes me very skeptical he'd vote to have courts enter this "political thicket." /5

        3 replies . 35 retweets 114 likes
        Show this thread
      6. Rick Hasen‏Verified account @rickhasen Jan 3

        It's not impossible that Kavanaugh or even CJ Roberts is willing to police partisan gerrymandering, but I wouldn't bet on it. They might look for another way to sidestep the issue in NC, and in a Maryland case also pending. /6

        1 reply . 30 retweets 89 likes
        Show this thread
      7. Rick Hasen‏Verified account @rickhasen Jan 3

        But they won't be able to duck partisan gerrymandering forever. And if they don't police there will be more egregious gerrymanders in states with unified control of legislature and governship where they draw district lines. /7

        1 reply . 29 retweets 119 likes
        Show this thread
      8. Rick Hasen‏Verified account @rickhasen Jan 3

        I do like the argument of @ProfGuyCharles and Luis Fuentes-Rohwer that if the Court really wants to stay out of the thicket overall, it is better to police the most egregious cases. https://harvardlawreview.org/2018/11/judicial-intervention-as-judicial-restraint/ … That's the best pitch to Roberts /8

        2 replies . 35 retweets 119 likes
        Show this thread
      9. Rick Hasen‏Verified account @rickhasen Jan 3

        But I'm bearish & suggested that if the Court decides that federal courts cannot hear partisan gerrymandering cases, it's next target could be to declare unconstitutional the use of nonpartisan redistricting commissions to draw congressional districts. https://blog.harvardlawreview.org/the-next-threat-to-redistricting-reform/ … /9

        10 replies . 52 retweets 96 likes
        Show this thread
      10. Rick Hasen‏Verified account @rickhasen Jan 3

        Bottom line is that not only should we not expect #SCOTUS to save us from bad politics; we should expect that #SCOTUS will continue to make political reform less possible. 10/10

        15 replies . 95 retweets 251 likes
        Show this thread
      11. End of conversation
      1. New conversation
      2. dormin ciots‏ @OldHoleSnipe 18h18 hours ago
        Replying to @rickhasen

        I think CJ Roberts feels the burn from Shelby and will be ready for some new oversight.

        1 reply . 0 retweets 0 likes
      3. Michael Stuart‏ @subpoenaduece 17h17 hours ago
        Replying to @OldHoleSnipe @rickhasen

        I think Roberts is quite pleased with how the post Shelby voting environment is shaping up. I don’t think he perceives any “burn” to feel.

        1 reply . 2 retweets 7 likes
      4. William S. Donahue‏ @OchosPantalones 17h17 hours ago
        Replying to @subpoenaduece @OldHoleSnipe @rickhasen

        Yeah, I see no reason to believe Roberts did not get exactly what he wanted out of Shelby County.

        0 replies . 0 retweets 6 likes
      5. End of conversation
      1. New conversation
      2. Thread Reader App‏ @threadreaderapp Jan 3
        Replying to @Gemma__RN

        Bonjour you can read it here: Thread by @rickhasen: "There's an excellent chance that tomorrow the Supreme Court will announce it will take up (again) the question whether p […]" #SCOTUS https://threadreaderapp.com/thread/1081014887705280513.html … Have a good day. 🤖

        0 replies . 2 retweets 4 likes
      3. End of conversation
      1. John Graubard‏ @JohnGraubard 23h23 hours ago
        Replying to @rickhasen

        Or, the Court could delay the case to the next term, and then decide that because it was too close to the 2020 election and there would be a new map for 2022 it was moot.

        0 replies . 0 retweets 3 likes
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      1. Anneke‏ @AMF422 Jan 3
        Replying to @rickhasen @DyatronDJCrew

        Ugh. So depressing.

        0 replies . 0 retweets 3 likes
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      1. New conversation
      2. foolie‏ @PapaDocStrunsee 20h20 hours ago
        Replying to @rickhasen

        The court will determine that it can't rule on it because doing so helps Republicans. There is no additional analysis needed.

        1 reply . 0 retweets 3 likes
      3. 1 more reply
      1. ralph feldman‏ @ralphnf1 18h18 hours ago
        Replying to @rickhasen @joshtpm

        This thread is deeply depressing. One ray of hope: State Constitutions. Whatever SCOTUS says may be persuasive as to what similar State provisions mean, but its not conclusive. Rulings by State SC limited to the meaning of State Constitutions are not reviewable by SCOTUS.

        0 replies . 1 retweet 0 likes
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      1. New conversation
      2. Beihai‏ @Trumpletheclown 17h17 hours ago
        Replying to @rickhasen

        yet if Dems win big in 2020 and control a lot more redistricting then, of course, the SCOTUS will suddenly "discover" how malicious gerrymandering is.

        1 reply . 0 retweets 1 like
      3. 1 more reply

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