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Could The Supreme Court End Gerrymandering For Good?

Could The Supreme Court End Gerrymandering For Good?

Kennedy, long the court's swing vote, will hear a countervailing argument from the other side.

In Tuesday's argument, the rest of the eight justices sounded split along the usual ideological lines.

That means, for the most part, talking about the First Amendment. Liberals rue Kennedy's opinion for the Court in Citizens United v. FEC, the 2010 landmark decision that invalidated campaign-finance regulations, on the ground that they violated the free-speech rights of corporations. "What becomes of the precious right to vote?"

But Kennedy gave few hints as to whether he was satisfied that the Democratic challengers to the Wisconsin map had offered a manageable standard that could separate unconstitutional maps from legitimate ones. The court concluded that the evidence established that one of the purposes of the redistricting plan - Act 43 - "was to secure Republican control of the Assembly under any likely future electoral scenario for the remainder of the decade, in other words to entrench the Republican Party in power". When the court ultimately did get involved and establish it could have a say in political redistricting issues in the landmark 1962 case Baker v. Carr, Frankfurter warned it would undermine the court's integrity.

Those arguing for changing the shape of congressional districts in Pennsylvania say there's nothing amusing about one that that's been described as appearing to look like the cartoon character Goofy kicking Donald Duck. On March 26, 1812, the Boston Gazette first used the term in describing the redrawing of a MA state senate district.

This case questions the constitutionality of gerrymandering in Wisconsin and, by extension, every state in the union. "The shifting nature of the Plaintiffs' case suggests strongly that they can not satisfy Justice Kennedy's quest for a judicially manageable standard".

Can a baker refuse to make a wedding cake because of religious beliefs?

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The lower court judges accepted the formula. But the Trump Justice Department has sided with the bakery, citing the First Amendment.

The conservative justices appeared to have a different view of the case. The implication, in this bold and clever bid for Kennedy's vote, is that the same goes for bakers.

The problem is, even when gerrymandering seems obvious, how can you be sure? The Brennan Center for Justice found that Republicans have a "durable majority" of 16-17 seats in the House, mostly in seven states where Republicans drew the district lines.

In a well-functioning democratic republic, each vote must be counted and also needs to have a chance of counting. He often worries less about long-term implications than about correct results in the here and now.

While the Supreme Court has a standard limiting the overreliance on race in map drawing except under the most limited circumstances, it has never been successful in developing a test concerning an overreliance on politics. But the company had an arbitration agreement that employees signed when applying for the job that required employees "to waive the right to pursue class and collective actions before an arbitrator and mandates that certain employment-related disputes be arbitrated rather than litigated in a court of law", according to a brief filed with the Supreme Court by attorneys for Murphy Oil. But sometimes, he concluded, you just have to do what's right. As the plaintiff's lawyer quipped, "Gerrymanders now are not your father's gerrymander".

A bench headed by Chief Justice Dipak Misra considered the questions framed on the issue by senior advocates Fali S Nariman and Harish Salve and said, "we are sending it to a constitution bench". In Wisconsin, as in West Virginia, enough may be enough, at least for Justice Kennedy.

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