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
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I have thought for some time that it's very, very likely this is coming. "Only state legislatures can draw congressional districts" is now firm Republican dogma. They aren't subtle about it. And there are now at least four GOP partisan operatives on the court
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Rick, are there any other examples of Roberts voting to overrule a precedent that is this fresh? (As fresh as the first Arizona case?) Didn't Citizens United overrule a precedent only a few years old? It seems like Robert's respect for precedent is my only hope.
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Roberts has no more respect for precedent than any of the other 'conservatives'. But, the SCOTUS press has belatedly started picking on their MO of chip, chip away until precedent's gone. Reversal in a case as fresh as AZ would reveal them for what they are.
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Yes, you're right. He doesn't really care much about precedent for its own sake, but he does seem to have less of an appetite for disruption than the others. Then again, sometimes he has a HEALTHY desire to stir things up. What I'm getting at only applies some of the time....
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He's just more calculated & knows better how far they can go without attracting the attention of the MSM & blowing their cover as the anti-democratic religious extremists they are. But, as long as MSM views Federalist Society as main stream, they're safe.
End of conversation
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So in essence you're saying they're going to make it unconstitutional to draw neutral lines? The lines must be drawn by politicians? Whoa!
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Yes, blocking voluntary electoral reform by a state. I guess that is what passes for jurisprudential conservatism these days.
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Would this make the independent drawing commission in California illegal?
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Rick, What would be the legal or constitutional basis for declaring the non-partisan drawing of Congressional or State district lines unconstitutional? Why wouldn’t the SC just punt and say it can’t devise a clear threshold for unconstitutionally partisan gerrymandering?
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Neither Roberts nor Kavanaugh have the appetite to take up something so public and risky. The Court is as sensitive to outside commentary as any political body. Disrupting the Arizona precedent less than five years after it was handed down would make the Roberts Court look a fool
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OMG this is a depressing article! Thanks so much for ruining my day. Bullshit originalism rides to the rescue again.
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But they would still allow commissions that drew state legislative districts, right? Not saying that is a great outcome.
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