I can't speak for Greenhouse (I agree with Morgan that one would think
that "the Establishment" would have had the same views in these three
cases).
Speaking for myself, we know that the Shaw cases are very fact-specific
for Justice O'Connor. Look at the detailed factual analyses that she
wrote or joined in all the cases. We also know (thanks to Rick Pildes's
work) that O'Connor views these cases as "expressive harms" cases, where
she is concerned by the "message" that a district shape sends to voters:
bizarre shapes in O'Connor's view send a pernicious message about the
role of race in politics that more regularly shaped districts do not.
Given the wide range of facts and shapes of districts across these cases
(not to mention differences in the justifications the states have put
forward for their districting plans), it has always been anyone's guess
how O'Connor would respond in specific Shaw cases.
Rick
J. Morgan Kousser wrote:
The question I have about Rick's and Greenhouse's analysis is why
O'Connor didn't react favorably to the partisan political arguments
that were made in the briefs in Shaw v. Hunt and Bush v. Vera? They
were no less strong than those in Hunt v. Cromartie.
Morgan
Prof. of History and Social Science, Caltech
snail mail: 228-77 Caltech, Pasadena, CA 91125
phone 626-395-4080
fax 626-405-9841
web site: <http://www.hss.caltech.edu/~kousser/Kousser.html>
to order Colorblind Injustice: http://uncpress.unc.edu/books/T-388.html
"Peace if possible, Justice at any rate" -- Wendell Phillips