I've been teaching since 1994. Today was the first time a case I talked about in class was decided while I was in class.
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#ELB: Pennsylvania Supreme Court Strikes Congressional Districts on State Law Grounds; And There’s a Longshot Theory to Get #SCOTUS Review http://electionlawblog.org/?p=97047
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Did the Florida defendants try this tactic?
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yes I believe so, but there's nothing preclusive there that would stop Pa leg from trying here
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Of course. Just thinking that PA would meet with similar success as FL
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Gorsuch is more aggressive than Scalia, at least so far
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Mario Diaz-Balart and Corrine Brown's suit against the FL amendments rested on a similar Elections Clause argument - 11th Circuit didn't buy ithttp://bit.ly/2DAMrTz
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Virtually certain Gorsuch wants it and will get it
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Not sure. Roberts has a reputation to protect for the institution. I expect Roberts and Kennedy to vote to deny
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SCOTUS intervention would have seemed unthinkable here pre-Bush v Gore. If SCOTUS does accept, this doesn’t bode well for Wisconsin, North Carolina and Maryland cases as it suggests an eagerness to preserve partisan gerrymandering.
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Either way they’d be asking the SCOTUS to overturn the Penn. court’s ruling on a state law issue.
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