Sunday, July 1, 2018
Check out Mark Joseph Stern's piece in Slate, Partisan Gerrymandering Is About to Get Much Worse. Stern writes that Justice Kennedy's retirement will mean more than just that the Court likely won't hear partisan gerrymandering challenges; it likely will reverse its OK of independent and other kinds of redistricting commissions:
If voters approve the independent redistricting commission [in Michigan's ballot initiative], Republican state legislators are almost certain to challenge it in court. And if their lawsuit reaches the Supreme Court, Roberts will have the opportunity to turn his 2015 dissent [in Arizona State Legislature v. Arizona Independent Redistricting Commission] into law. In the process, he could strike down not only Arizona's commission, but also California's, which similarly removes legislators from the business of redistricting.
Depending on how broadly the court rules, it could put other progressive electoral reforms on the chopping block as well. If the U.S. Constitution gives state legislatures near-absolute control over redistricting, then bipartisan commissions could also be doomed.