Just look at the words in the headlines of articles rounded up by @howappealing from today’s arguments in the Maryland redistricting case: “no consensus;” frustration,” “elusive,” “struggle,” “grapple,” “befuddle."
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#ELB: After the Maryland Redistricting Argument at the Supreme Court, Will the Effort to Rein In Partisan Gerrymandering End with a Whimper http://electionlawblog.org/?p=98408 #appellatetwitter #scotus
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FWIW, I think you might have it backwards regarding Breyer. He might be fairly certain that AMK is still going to be around.
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definitely plausible
End of conversation
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If they decide to look at the NC case before ruling, that may actually be a good thing - it provides several different analysis to choose from.
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Kennedy is still sounding sympathetic. His complaint in 2004 was the lack of an objective measure, so they constructed the efficiency gap. He had a point, and if he feels a line needs to be drawn, he can write it. Maybe they took cases specifically to differentiate them
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Not sure it's a "now or never" moment; the issue won't go away, or be settled forever with cases currently on SCOTUS docket; key is a durable precedent for post-2020 redistricting:http://moritzlaw.osu.edu/election-law/article/?article=13427 …
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