Posted on 12/23/2019 1:23:47 AM PST by Jacquerie
Subtitle: Gerrymandering and School Busing – No Justiciable Standard
Few take more delight in hammering Scotus than your’s truly. Being supposedly apolitical, it is often anything but a neutral expositor of the law and regularly wanders into societal and political controversies in which it has no legitimate authority.
After decades of watching the Supremes divine political matters in which they substituted their conclusions for those of state legislators, I was astonished with their June 2019 decision in Rucho v. Common Cause. Finally, after decades, Scotus threw up its hands and decided to stand aside from the always messy post-census state redistricting battles.
At issue was North Carolina’s new electoral map. Historically, the state’s thirteen congressional districts went 6:7 democrat or republican. To avoid violations of the 1965 Voting Rights Act, the GOP majority avoided racial data and drew districts based entirely on past voting patterns. The result was a lopsided plan that radically favored Republicans by ten districts to three. When questioned, the plan’s author said he drew only ten GOP districts because he didn’t think he could squeeze out eleven!
Of course, the Left went nuts and cited violations of Article I and the 1st and 14th Amendments. American Marxists are never more humorous or ironic when they cite that which they despise, our Constitution.
The Court ruled that while partisan gerrymandering may be “incompatible with democratic principles”, the federal courts cannot review such allegations, as they present non-justiciable political questions outside the remit of the court. Chief Justice Roberts made clear that partisan gerrymandering can be distasteful and unjust, but that states and Congress have the ability to pass laws to curb excessive partisan gerrymandering.
So, after decades of screwing around with the ultimate in state-level political cage fights, Scotus got out of the anti-gerrymandering business.
(Excerpt) Read more at articlevblog.com ...
OTOH...they got it wrong on ObamaCare. And then there's Dredd Scott.
If there's a just and loving God Ruth Buzzi Ginsburg will be standing before Him very,*very* soon.
RECTANGLE OF EQUALITY
A Rectangle is the only fair & equal Congressional representative district. It is contiguous.
Do we have different, changing State boundaries every few years?
No. Then why not? Because the Rectangle is fair.
Gerrymandering, selective chopping up of boundaries, is racist.
Gerrymandering is racist. Where is the courageous conservative Judge to demand a Rectangle of Representation?
I listened to the recent BBC interview with Buzzi. Barf.
I’ll have some explaining to do at the Pearly Gates, but this woman will have to rationalize defending 60+ million deaths.
In the UK, at least the people voted for authority to terminate the next generation. Here, a five lawyer majority can impose anything that tickles their fancy.
So why did not PA Republicans appeal their Democrat Supreme Court throwing out their districts over gerrymandering?
Because many states (like mine, FL) amended their constitutions to comport with previous Scotus decisions.
I’ll assume PA did the same.
In FL, the people ratified at the polls, an amendment that made unconstitutional congressional districts designed to favor any political party!!!
It so much as sent every congressional district design to the FL Supremes.
The June 2019 Scotus decision simply means congressional district design is outside the purview of federal courts.
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