Partisan political gerrymanders are a non-justiciable political question

Link to the Opinion of the Court in Rucho v Common Cause and linked cases.

The Supreme Court rules that partisan gerrymandering claims are a non-justiciable political question and remanded the cases to the District Courts with orders to dismiss for lack of jurisdiction.

Because of the nature of this appeal, that means that all partisan gerrymandering court orders nation wide are rendered null and void and states may resume their previous gerrymandered districts if they so wish.

This does NOT affect STATE Court anti-gerrymandering orders, such as those in Florida and Pennsylvania. Those will stand. State Courts may continue to adjudicate partisan political gerrymandering claims.

Racial gerrymanders will still be subject to adjudication in Federal Court.

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But Congress can make new laws if they wish. It is just the Federal courts that cannot do anything.

Yes and the Chief Justice indicated Congress and and should take action.

I actually like this decision, as it will force Congress to act, and sooner, not later.


“Congress acting” is an oxymoron.


I don’t see anything getting through the Senate in the next ten years. The southern states have a lot of pull in the Congress.

Lousy decision. Probably wouldn’t have changed with the conservative court, but it should have.

The Democrats wasted an opportunity in Obama’s first two years when they had a Senate super majority, instead wasting political capital on Obamacare. They could have passed legislation mandating the use of bi-partisan redistricting commissions.


They could have, but the leadership wasn’t there. Obama wasn’t the best president. His incompetence destroyed the DNC. He was not a very forward thinker. Nancy Pelosi isn’t much of a boat rocker herself.

She sure has Trump’s number.

This is bigger than Trump. They’re both part of the same club.

This will be a SC reversal of itself in a future court.

Congress will not act. McConnell will not act in the national interest or fairness in this regard.

The good news is that Republicans as a minority will continue to harvest the benefit from this. Until they lose the consent of the governed.

How will it force Congress to act? I’m not seeing it.

He punted like Mueller. Might have been his safest move given recent developments

At some point, not necessarily immediately. They can no longer hide behind the courts on this issue.

So how does one tell the difference?

By using the established legal standards developed in federal court for adjudicating racial gerrymanders.

I have repeatedly called for the establishment of bipartisan redistricting commissions in those states that do not have them.

And numerous principled conservatives have called for reform.

The Constitution ultimately grants to Congress and not the courts the final authority over election related standards.