Opinion | Jessica Levinson: 'It is likely the justices will conclude that federal courts shouldn't police claims of partisan gerrymandering, essentially legalizing vote dilution.' - NBCNewsTHINK
, deals with North Carolina’s 2016 congressional map. In this case, the Supreme Court is asked to address three questions. First, it must determine whether those challenging the district map have the legal right, called standing, to sue. The doctrine of standing essentially requires that the person suing suffered a real harm and that harm will be remedied if they win the case. Second, the court must decide whether federal courts can get involved with claims of partisan gerrymandering.
But now, with the addition of Justice Kavanaugh, the Supreme Court has shifted to the right. It seems plausible, and in fact quite likely, that the Supreme Court will conclude that federal courts have no place policing claims of partisan gerrymandering. This would essentially legalize vote dilution on a broad scale. It would also ignore the fact that this is exactly the type of situation that calls for judicial intervention.
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