Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

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Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#1

Post by Deku Tree » Thu Jun 27, 2019 12:45 pm

The Supreme Court’s conservatives decided Thursday that federal courts do not have a role to play in deciding whether partisan gerrymandering goes too far.

The 5-to-4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s other conservatives.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” Roberts wrote. “Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.”
https://www.washingtonpost.com/politics ... story.html

This is awful news. The way I read it, though, a Federal law could be passed that put rules in place to limit partisan gerrymandering.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#2

Post by CaptHayfever » Thu Jun 27, 2019 4:06 pm

Knowing how Roberts usually thinks, your interpretation is probably right; he'd take no issue with a law restricting redistricting, only with it being determined by a judge.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#3

Post by I am nobody » Thu Jun 27, 2019 4:19 pm

Yeah, it sounded like the ruling acknowledged that partisan gerrymandering is a serious problem, but they just didn't believe it was one that could be properly resolved by judges.

Which is a reasonably interpretation, I think, but one that really underlines how the framers of both the US and state constitutions underestimated the capacity of legislatures to subvert democracy.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#4

Post by Shane » Thu Jun 27, 2019 6:31 pm

Seems logical that it's a state's right to determine its own districts.
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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#5

Post by Marilink » Thu Jun 27, 2019 9:32 pm

I'm just glad gerrymandering and how much it sucks is being discussed at all. I don't know if I buy the fact that the Supreme Court couldn't do something about it, but man I sure hope someone/thing/body does.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#6

Post by smol Kat » Fri Jun 28, 2019 12:15 am

I do think that gerrymandering is an issue that should be addressed at the state level...I just don't trust most states to do that effectively.
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but it feels like it's still ours...

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#7

Post by Apiary Tazy » Fri Jun 28, 2019 8:03 pm

Yeah, it's gotta be a state issue, like it or not.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#8

Post by Kargath » Fri Jun 28, 2019 11:05 pm

Looking from a distance, I do wonder whether anyone is going to challenge the mandatory racial gerrymandering provisions in the VRA...
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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#9

Post by Apollo the Just » Sat Jun 29, 2019 12:55 am

If I'm honest, I think a lot of things make sense to handle at the state level because the cultures and economies of so many different states are so vastly different. But I support federal intervention for most things because, like Kat, I don't trust a lot of states to not be **** unless they have a big babysitter telling them they can't be ****.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#10

Post by Shane » Sun Jun 30, 2019 12:17 pm

Who babysits the babysitter? In this instance, the Supreme Court. An unchecked federal government is scarier than any state.
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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#11

Post by Apollo the Just » Sun Jun 30, 2019 8:10 pm

I agree theoretically, although I also wish the politics around the supreme court weren't so partisan, too. All the ******** about blocking Obama's appointment and using the seat as a debate topic during presidential elections makes it hard to trust the Judicial Branch as impartial. Although I honestly don't know how to rectify that situation at all; but linking the highest court in the US to the highest and most definitely extremely partisan office in the US by direct appointment just seems to make everyone angry because everyone only trusts the appointees made by Their Guy(s). And they can theoretically choose to retire during the office of another one of Their Guy(s), which just makes the whole thing feel less balanced than it should. I really wish the court didn't feel painted in red and blue.

That's a bit off topic from the original point, but still.

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Re: Supreme Court Rules Partisan Gerrymandering Can't be Challenged in Federal Courts

#12

Post by Marilink » Mon Jul 01, 2019 6:55 am

Yeah, when the sides of the aisle start talking about who has “control” over, or a “majority” in the Supreme Court, there is an obvious flaw in the system.

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