In a previous post, we discussed the concept of justiciability–the question of whether courts could take any role at all in adjudicating questions of partisan gerrymandering. Today, a 5-4 majority of the court ruled that partisan gerrymandering cases are not justiciable in federal courts. The ruling moves the battleground out of the federal courts and on to state legislatures, citizen initiatives (unfortunately not an option in South Carolina), state courts, and Congress.
In a separate ruling, the court rejected administration arguments in favor of the citizenship question on the 2020 census. It is not clear now if there is time for the administration to recreate an acceptable justification in time to launch the census or what the impact will be of the citizenship-question case currently before the Manhattan Federal District Court, which we discussed in the most recent post.
More details and analysis to follow soon.
