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Isn't the real question whether it would be constitutional for the state supreme court to redraw the district lines itself if the legislature fails to adopt a compliant plan?
I don't think so. Once one recognizes the right of the state supreme court to enforce the state constitution and state laws against the legislature, it can craft an appropriate remedy, including when legislature won't act in compliance with state law.
That's probably right, but it seems there's still likely some limit on this, right?
If the state court order violates equal protection or due process, for example. See Bush v. Gore, 531 U.S. 98 (2000).
Might reasoning of BvG concurrence suggest greater limits? I'm thinking of scenario in which there's colorable argument state supreme court exceeded its power under state law.
that seems to me like it would blow a hole into the nonreviewability of issues of state law and turn every state case on redistricting into a Supreme Court appeal
That's the risk. Similar to the problem of recognizing judicial takings without creating a mess.
A new way to enforce the Elections Clause under such circumstances is letting state courts enforce state const'n to invalidate legislature's actions, cf. governor veto in Smiley v Holm, but protecting legislature's right to make new rules/maps (subject to court approval)
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