[EL] Breaking: Supreme Court, on 5-4 vote, holds partisan gerrymandering cases nonjusticiable

[Pamela S Karlan]

Dear Trevor,

What concerns me is that the opinion focuses so heavily on the Elections Clause.  To be sure, the cases involved congressional districts, and the Elections Clause is the most robust congressional power for that purpose, as Justice Scalia’s opinion in the Arizona NVRA case made clear.  But what about congressional power under the enforcement clause of the Fourteenth Amendment? That’s what’s needed to deal with state legislative redistricting, and arguably it provides a basis for dealing with congressional gerrymandering as well.  Think Tennessee v.Lane and U.S. v. Georgia in congressional power to protect fundamental rights.

Pam Karlan
Stanford Law School
karlan at stanford.edu<mailto:karlan at stanford.edu>
650.725.4851

On Jun 27, 2019, at 8:02 AM, Trevor Potter <tpotter at capdale.com<mailto:tpotter at capdale.com>> wrote:

Final line of the Opinion...

The Framers also gave Congress the power to do something about partisan gerrymandering in the Elections Clause. That avenue for reform established by the Framers, and used by Congress in the past, remains open. Pp. 30–34.

Trevor Potter

Sent from my iPhone

On Jun 27, 2019, at 4:38 PM, Pamela S Karlan <pkarlan at stanford.edu<mailto:pkarlan at stanford.edu><mailto:pkarlan at stanford.edu>> wrote:

Census case got remanded on the grounds that the VRA enforcement rationale can’t support the decision to ask the citizenship question.

Pam Karlan
Stanford Law School
karlan at stanford.edu<mailto:karlan at stanford.edu><mailto:karlan at stanford.edu>
650.725.4851

On Jun 27, 2019, at 7:12 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu><mailto:rhasen at law.uci.edu>> wrote:

https://www.supremecourt.gov/opinions/18pdf/18-422_9ol1.pdf<https://www.supremecourt.gov/opinions/18pdf/18-422_9ol1.pdf>



--
Rick Hasen
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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu><mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/<http://www.law.uci.edu/faculty/full-time/hasen/>
http://electionlawblog.org<http://electionlawblog.org/>
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