Rick Pildes writes:
-------- Original Message --------
I want to avoid Rick Hasen's attribution to me of the
view
that Larios somehow implicitly overruled Vieth. That was not my
claim at all. The claim is that Larios suggests partisan
gerrymandering is an impermissible basis for state action, and that
courts will address this where there is a managable remedy. On that
point, Larios can be viewed as clarifying an ambiguity in Vieth or
confirming what is already stated in Vieth. The plurality in Vieth,
after all, expressly agrees with Stevens that "an excessive
injection of politics is unlawful. So it is, and so does our
opinion assume." To the extent summary affirmances are
meaningful, and this one obviously involved more internal discussion
than
many, Larios confirms that partisan gerrymandering is a constitutional
wrong and that Vieth is about the remedial problems only.