06-27-2019, 04:35 PM
$tevie wrote:
Frankly, I don’t think the Supreme Court can find partisan gerrymandering unconstitutional because I don’t think partisan gerrymandering violates the Constitution.
I’m totally against gerrymandering for any reason, but being alarmed or upset is not a legal position.
It is an entirely tenable position (in fact, it's John Roberts' position) that even if partisan gerrymandering does violate principles established by the Constitution, there isn't a mechanism provided by the Constitution to remedy that problem.
So, gerrymandering may well violate the Constitution (or at the very least, the democratic principles it enacts), but that just identifies the problem. To get to a solution, Roberts says, you have to go local...
Edit: for the record, Elena Kagan really, really disagrees, and I think she makes some great points. But she was dissenting today, so it doesn't much matter in the short run.