Drudge Retort: The Other Side of the News
Monday, June 18, 2018

The Supreme Court on Monday sidestepped a decision on when partisan gerrymandering goes too far, ruling against the challengers of a Republican-drawn map in Wisconsin and a Democratic redistricting in Maryland.

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Rick Hasen's legal analysis. Justice Kennedy Still Won't Rule on Gerrymandering

On Monday, the Supreme Court ducked the issue again, after years of plaintiffs litigating cases in Wisconsin and Maryland in hopes of prompting a larger ruling. The court sent Gill v. Whitford, the Wisconsin case, back for partisan gerrymandering challenges to be litigated on a district-by-district, rather than statewide, basis. According to the opinion, plaintiffs had no "standing" to assert a statewide injury. The court also said preliminary relief was not proper in Benisek v. Lamone, the Maryland case, sending it back to the lower court to determine whether relief is warranted when the case is fully complete.
The court's savviest justices on the right and left, Roberts and Kagan, are continuing a battle for the soul of Justice Kennedy on the question of politics in redistricting.

Although people will focus on the court's ducking of the issue, what's really going on is that two of the court's savviest justices on the right and left, Chief Justice John Roberts and Justice Elena Kagan, are continuing a battle for the soul of Justice Kennedy on the question of politics in redistricting, and Kennedy, who apparently is not leaving the court anytime soon, watches, broods, and stays silent.

#1 | Posted by et_al at 2018-06-18 02:35 PM | Reply

Of course they did.

Neither case would increase corporate power.

#2 | Posted by jpw at 2018-06-18 02:48 PM | Reply

Analysis from the SCOTUSblog. Opinion analysis: Court stays out of merits on partisan gerrymandering, at least for now

#3 | Posted by et_al at 2018-06-18 03:42 PM | Reply


The Justices simply have not yet seem a case from the lower courts that raises the appropriate issues that they want to decide on this topic.

When the proper case appears, I'm sure they'll jump into the fray.

Until then, we're stuck with the gerrymandering of both sides of the aisle.

#4 | Posted by lamplighter at 2018-06-18 04:35 PM | Reply | Newsworthy 1

Justice Kennedy is holding out for that third vacation estate for his kin.

#5 | Posted by getoffmedz at 2018-06-18 06:25 PM | Reply

Very few people ave the means to take a case to the Supreme Court. It is a long expensive slog costing millions. By ducking the issue on the basis of whether the plaintiff has any standing the Republican conspirators that control SCOTUS have insured the practice lives on in the immediate future. Gerrymandering is an egregious violation of the principle of one vote for each citizen and Republican conspirators aim to keep it that way. One shouldn't expect any more from the likes of these scum sucking MFing citizen united democracy haters.

#6 | Posted by bayviking at 2018-06-18 08:58 PM | Reply

Poor lawyering by the plaintiffs' attorneys. They could have easily found someone from each legislative district to be joined as a plaintiff. This would have given them a statewide claim. They're probably going to do that now anyway, but in the meantime years will pass and Wisconsin will continue to be cheated out of democracy.

#7 | Posted by JOE at 2018-06-18 09:13 PM | Reply

"Very few people have the means to take a case to the Supreme Court. It is a long expensive slog costing millions."

My old landlord did.

That was a fun lesson in who wins landlord tenant disputes.

His case was not related to my tenancy, but was a solid clue as to who had the larger war chest should I choose to fight.

#8 | Posted by snoofy at 2018-06-18 09:13 PM | Reply

If any state's CD's are being redrawn to wrongly aid a party no state is safe.

#9 | Posted by Tor at 2018-06-18 09:31 PM | Reply

... the Republican conspirators that control SCOTUS have ...
#6 | Posted by bayviking

You have asinine ability to misconstrue the written word or you just ignore what is written. What part of unanimously found lack of standing in the WI case do you not comprehend? In the other case, it was so clear and easy that no justice authored an opinion. So that one was effectively unanimous also.

Gerrymandering is an egregious violation of the principle of one vote for each citizen ...

Wrong again, gerrymandering is a product of the Constitution committing redistricting to an inherently political body, the state legislature. Forever, until that evil Republican conspirator, Kennedy, thought otherwise in 2004, partisan gerrymandering was a nonjusticiable political question. At least, now the Court is considering the issue. When the procedural problems are ironed out on remand you can bet both will return to the Court and the merits will not be so easy to duck again.

#10 | Posted by et_al at 2018-06-18 10:50 PM | Reply | Newsworthy 1

#10, That history does not change the immediate effect. Since 2000 it has been obvious to the most casual observer that SCOTUS itself has morphed into a partisan powerhouse. Kathleen Harris openly generated fake phony felon lists but was never investigated let alone prosecuted. Voting booths were deliberately limited in poor Florida districts, yet no one was prosecuted. By every and any measure Gore still won, but SCOTUS stopped the recount and declared their buddy whose family appointed some, the winner. A Princeton Study proves we live in an Oligarchy and Republicans celebrate. This is followed by Citizen United and deliberately delaying visiting the most egregious violation of one vote for each citizen, which preserves Republican's narrow advantage a little while longer.

Aren't "technicalities" wonderful. Words like freedom and democracy are just food for fools. Obvious lies used to wage war and subvert the very things they claim to love.

#11 | Posted by bayviking at 2018-06-19 06:54 AM | Reply

The excuse of "standing" is just one more weapon for the rich to use against the poor in a "for profit" legal system which will always enrich lawyers on both sides while wasting everyone else's time and money. Lawyers and Judges enjoy more "privileges" than the rest of society. Their time is valuable and must be compensated richly. Every else's time has no value.

#12 | Posted by bayviking at 2018-06-19 07:09 AM | Reply

"Gerrymandering is an egregious violation of the principle of one vote for each citizen and Republican conspirators aim to keep it that way."

And this is why American politics will continue to get worse. People like this think that what has happened for the last few years is absolute instead of actually doing their research. Republicans today are only undoing all of the unfair lines drawn by Dems in their 90s mass gerrymandering. No, it's not right. But that's the truth. In fact, gerrymandering has been done since the country was founded and has been used by more than just the two parties we have today to perform corrupt acts.

When you resort to your name-calling regarding the current crop of people doing it, you are using that same name to apply to everyone who has done it previously. And prior to this round, it was the Dems who were doing it in very corrupt manners and you are applying it to them.

Until people learn their history before making stupid accusations or resort to name-calling, America the Great will continue to devolve to reflect the same devolution of its citizens.

#13 | Posted by humtake at 2018-06-19 12:17 PM | Reply

Republicans today are only undoing all of the unfair lines drawn by Dems in their 90s mass gerrymandering. No, it's not right. But that's the truth. In fact, gerrymandering has been done since the country was founded and has been used by more than just the two parties we have today to perform corrupt acts.

#13 | POSTED BY HUMTAKE

Apparently you weren't born until 2000 because you haven't a clue what you are talking about. The sheer volume and level of gerrymandering went to the extreme under Republicans after 2000.

#14 | Posted by Sycophant at 2018-06-19 02:26 PM | Reply

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