None of the justices seem hungry for an avalanche of challenges after electoral maps are redrawn with 2020 census data
State, America’s largest historically black university. On one side of Laurel Street lies the state’s sixth congressional district; on the other is the 13th. For Love Caesar, who is studying political science and history, the school’s 12,000 mostly “liberal thinking” students are “cracked” in two, diluting their votes into a sea of Republicans on either side. Republican legislators in North Carolina are happy to admit that Ms Caesar is quite right.
The lawyer representing North Carolina’s legislators, Paul Clement, began by noting that the Supreme Court has never pinpointed “a justiciable standard for partisan gerrymandering claims”. That is true. In a case from 2004, Justice Kennedy held open the possibility that a workable standard might one day emerge to distinguish extreme from acceptable levels of partisanship in map-making.
Justice Neil Gorsuch picked up on this in response to the claim that the Supreme Court “must act because nobody else can”. About 20 states, he noted, have “dealt with this problem through citizen initiatives” handing over map-drawing to bipartisan or independent commissions, and a “bunch more” will be on the ballot in 2020. Justice Kavanaugh agreed that “a fair amount of activity” in the states may free the Supreme Court from the “big lift” of policing partisan gerrymandering.
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