[EL] Masterpiece’s Surprising Possible Implications for Partisan Gerrymandering Claims: Bad Intent and Silent Actors

[John Tanner]

A possible caveat —

Members of the Court have disagreed on the question whether statements made by lawmakers may properly be taken into account in determining whether a law intentionally discriminates on the basis of religion. See Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 540– 542 (1993); id., at 558 (Scalia, J., concurring in part and concurring in judgment). In this case, however, the re- marks were made in a very different context—by an adju- dicatory body deciding a particular case. 


I don’t see the language as at all essential to this case, but I think it may have been added for later use
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