Of interest; Biden and his court reform panel
Of interest; Biden and his court reform panel
Except they wouldn't have ruled that. All they'd have done is reviewed cases brought in front of the SCOTUS, if they chose to hear/rule on one. The SCOTUS couldn't declare gerrymandering unconstitutional dude, that's my bloody point.
The best they could do under the current system is bat down really bad gerrymandering on racial lines, and as we've seen with ones they've previously struck down that doesn't always lead to relief for those affected. Again, at best it's a band-aid for a problem that requires a legislative solution. This is a misunderstanding of how the branches of government work.
Now you're talking about weaponizing the courts, specifically the SCOTUS, as a partisan ideological weapon. Something that even Republicans haven't fully realized as they've been disappointed with the opinions of some of the conservative members they confirmed.
The liberal wing? No, absolutely not. Especially not in the especially visible and egregious way you seem to think they would.
Again, you don't seem to understand the function of the branches of government, even as some have been attempted to be weaponized in bad faith. We can complain about Republican court packing, we can complain about Republican bullshit with the SCOTUS, but at the end of the day the judicial branch does not make legislation.
The SCOTUS is weaponized, and has been for years.
It's not really that complicated. If the SCTOUS was liberal heavy, the would have almost certainly said they would hear gerrymandering cases from the state level. That is shown by the ruling on a party-line basis.
They don't need to make legislation, merely rule on other legislation, as well as government action.
I never said they made legislation.
Except that a great many of these cases would never make it to the SCOTUS and, again, it's at best a band-aide to a legislative problem as has been repeatedly pointed out. The judiciary can't fix a legislative problem that requires new legislation.
Rule on what legislation? Districting is something that's not done via a piece of legislation. And again, this is only "after the fact" and is a terrible, awful, no-good non-solution to an ongoing problem.
No, but again, the way you keep discussing the topic in relation to the SCOTUS makes it seem otherwise. You're conflating judicial and legislative duties and responsibilities.
Sure and it's largely a slow, arduous process that often doesn't matter. Case in point: https://www.npr.org/2019/06/27/73184...-federal-court
Some government actions, largely in relation to their Constitutionality. There is nothing in the Constitution about political gerrymandering so again, the only time the courts would get involved is when other laws like the Voting Rights Act are potentially violated due to racial, rather than partisan, gerrymandering.In a 2016 case, the Supreme Court struck down the GOP redistricting map as an unconstitutional racial gerrymander. Those maps were nonetheless used in the 2018 election because Republican lawmakers told the lower courts that they had not done any preparation to redraw the maps and would need considerable time to do so.
The only fix for partisan gerrymandering is legislative. The courts, again, can largely do little more than bat down the occasional egregious example...and then hope that it will actually matter for the next election because there's enough time to redraw them. Amusingly, I believe that case turned into the 2019 case that the SCOTUS threw out because...this time the lines weren't gerrymandered using racial data, they were purely legal political gerrymandering.
Because the thrust of the issue is that partisan gerrymandering isn't illegal on a federal level, and is completely 100% legal in a great many states. Again, something which can only be resolved via legislation. The courts have no solution, only temporary band-aides for the gaping headwound.
Yes, it is slow, and would likely take years. That would still be better than it literally never happening.
Here's the thing, it was almost ruled that courts could rule on gerrymandering. It was a 5-4 split, with the conservatives in charge. Now, if the Liberals were in charge, then that would have meant them declaring that they are allowed (and willing) to rule on gerrymandering.
Yes, it should be done legislatively, but that means relying on politicians being honorable...
Whatever happens, happens. SCOTUS wouldn't change that one way or the other, and one could easily argue that making partisan gerrymandering worse by not weighing in will lead to more popular support for bi/non-partisan districting legislation.
But again, it doesn't have a huge impact. It's super easy to continue to gerrymander along partisan lines for unfair advantage -
https://election.princeton.edu/2019/...2021-strategy/
A slight improvement over the previous egregious redistricting, but far, far, far from what it was even in 2008.
Sure, it's the "less bad" option and I'd prefer they ruled on it, personally. But I buy the legal argument - SCOTUS isn't there to get in the middle of partisan poltiical fights - and even if they still were going to take up gerrymandering cases would rather there be legislative protections in place rather than hoping a case can make it to the SCOTUS before an election, early enough to redraw the lines so it will actually matter.
Honestly, if gerrymandering hasn't changed people's minds by now, it never will. In the end, people don't really give a shit if their side is corrupt. Elections are about winning, and people don't mind cheating to get there. That's why it's not going to get legislated away.
I mean...you could say the same thing about weed legalization, yet it's happening from state to state. Say the same thing about gay marriage, yet it's now federally protected.
I doubt anyone thinks it will be easy to address legislatively, but that's the proper way to do it. But that's the thing: Important changes/improvements are rarely easy and usually face stiff opposition (see something discussed earlier, the ACA! which is now majority popular and has completely altered the national discussion on health care and health insurance) but they're worth doing.
Except, weed legalization is growing in popularity, and can help win elections. The party in charge can use gerrymandering to continue winning elections. Getting rid of it is literally legislating away your advantage.
Take Maryland as an example. The Dems control the state (GOP governor), and gerrymandered the shit out of it in 2014.
Except that opposition to gerrymandering is also bipartisan, with a majority of all parties having an unfavorable view of the practice too: https://www.brennancenter.org/our-wo...gerrymandering
Which is kinda the point I'm getting at. A lot of these issues, like legalizing weed, have popular support but are slow to see the effects of it.
https://www.brennancenter.org/our-wo...me-gerrymander
Yes, and it was Republicans that complained about it. Because it's legal for Democrats to gerrymander along partisan lines as well.
And they are rules that come with the force of government, including punishments.
With abortion, many regulations were pushed, like mandating ultrasounds, widening hallways, and requiring admitting privileges.
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And yet... they have no problem continuing to vote for the parties doing it.
What people swear they oppose, and what they actually oppose is often very different. That's like asking people if they think racism is bad. People say sexual assault is bad, but it didn't stop them from voting for Trump. At the end of the day, admitting to supporting gerrymandering amounts to a person admitting to being a shitty human. Not many people actually think they're terrible.