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SCOTUS decisions

You’re reading too much liberal propaganda. We’re a long way from that. Gerrymandering is older than the republic.

Not this type of house by house precise gerrymandering.

Junebug, the whole point of gerrymandering is to make sure winning hearts and minds doesn’t endanger those in power. So we can’t claim it’s a solution.
 
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As someone else posted, political affiliation is not a protected class.

Congress can pass laws requiring non-partisan districting. That’s where the remedy lies. Not the courts. This is part of the push and pull of political questions, as evidenced by the fact that democrats sued in one case and republicans in another.
Is this concept of protected class specified in the constitution?
 
I grew up in North Carolina. My memory is too good to gloat over a decision that allows democrats to gerrymander.

But gerrymandering doesn’t allow Democrats to win. So you can gloat.
 
 
I grew up in North Carolina. My memory is too good to gloat over a decision that allows democrats to gerrymander.

I examined the 10 elections prior to the 2010 redistricting in North Carolina and found that Democratic gerrymandering at most produced 1 extra seat in favor of Democrats. Since the Republican gerrymander, they have held 3-4 extra seats. It's not even remotely the same.
 
Is there any judicial oversight of the legislative branch? Why isn't everything a disagreement between two political parties that they need to sort out in Congress?
 
Congress is free to pass a law that prohibits drawing legislative districts based on party affiliation.

Then this would be under the purview of SCOTUS.

For the record, I think this was a bad result that was correctly decided.
 
Is there any judicial oversight of the legislative branch? Why isn't everything a disagreement between two political parties that they need to sort out in Congress?

Of course there is -- it only is left to Congress when the activists say it should be left to Congress.
 
Roberts opinion in the gerrymandering case is, at the same time, dangerous and irrational. He said that the issue should be handed to the states for them to handle not by federal courts. Huh? Isn't the illegality of their actions why the case happened?

Using his logic, since states run almost all of education, then Brown must have been wrongly decided according to Roberts. It's the same concept of control.
 
Seems like Junebug is making the case for repeating Brown vs. Board of Education.
 
Seems like Junebug is making the case for repeating Brown vs. Board of Education.

That was not a political question. It was a question of equal rights for all.

“Separate but equal is inherently unequal.”

Clearly the Constitution grants SCOTUS review over that issue.

Gerrymandering done solely on the basis of political affiliation is exclusively a political question.

Were Congress to enact a law forbidding the drawing of electoral maps based on party affiliation that would grant SCOTUS the power to review politically gerrymandered maps.

As I said initially, it’s a bad result that was (IMO) correctly decided.
 
Agreed with Cav.

Also agreed that both parties have benefitted historically from gerrymandering but that the current issue is a predominantly republican one as districts are drawn to limit urban (blue pockets) influence.
 
That was not a political question. It was a question of equal rights for all.

“Separate but equal is inherently unequal.”

Clearly the Constitution grants SCOTUS review over that issue.

Gerrymandering done solely on the basis of political affiliation is exclusively a political question.

Were Congress to enact a law forbidding the drawing of electoral maps based on party affiliation that would grant SCOTUS the power to review politically gerrymandered maps.

As I said initially, it’s a bad result that was (IMO) correctly decided.

Nope. You just have to read Kagan's dissent to find plenty of precedent that gerrymandering and other attempts to reduce the weight of certain voters votes violates EP (and 1st Amendment):

The Fourteenth Amendment, we
long ago recognized, “guarantees the opportunity for equal
participation by all voters in the election” of legislators.
Reynolds v. Sims, 377 U. S. 533, 566 (1964). And that
opportunity “can be denied by a debasement or dilution of
the weight of a citizen’s vote just as effectively as by wholly
prohibiting the free exercise of the franchise.” Id., at
555.

As Justice Kennedy (in a
controlling opinion) once hypothesized: If districters declared that they were drawing a map “so as most to burden [the votes of] Party X’s” supporters, it would violate
the Equal Protection Clause. Vieth, 541 U. S., at 312. For
(in the language of the one-person-one-vote decisions) it
would infringe those voters’ rights to “equal [electoral]
participation.” Reynolds, 377 U. S., at 566; see Gray v.
Sanders, 372 U. S. 368, 379–380 (1963) (“The concept of
‘we the people’ under the Constitution visualizes no preferred class of voters but equality among those who meet
the basic qualifications”).

n. Yet
partisan gerrymanders subject certain voters to “disfavored treatment”—again, counting their votes for less—
precisely because of “their voting history [and] their expression of political views.” Vieth, 541 U. S., at 314 (opinion of Kennedy, J.). And added to that strictly personal
harm is an associational one. Representative democracy is
“unimaginable without the ability of citizens to band
together in [support of] candidates who espouse their
political views.” California Democratic Party v. Jones, 530
U. S. 567, 574 (2000). By diluting the votes of certain
citizens, the State frustrates their efforts to translate
those affiliations into political effectiveness. See Gill, 585
U. S., at ___ (KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored party[,] deprived of their natural
political strength[,] may face difficulties fundraising,
registering voters, [and] eventually accomplishing their
policy objectives”). In both those ways, partisan gerrymanders of the kind we confront here undermine the
protections of “democracy embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357 (1976) (internal
quotation marks omitted).

Though different Justices have described the constitutional harm in diverse ways, nearly all have agreed on this
much: Extreme partisan gerrymandering (as happened in
North Carolina and Maryland) violates the Constitution.
See, e.g., Vieth, 541 U. S., at 293 (plurality opinion) (“[A]n
excessive injection of politics [in districting] is unlawful”
(emphasis deleted)); id., at 316 (opinion of Kennedy, J.)
(“[P]artisan gerrymandering that disfavors one party is
[im]permissible”); id., at 362 (BREYER, J., dissenting)
(Gerrymandering causing political “entrenchment” is a
“violat[ion of] the Constitution’s Equal Protection
Clause”); Davis v. Bandemer, 478 U. S. 109, 132 (1986)
(plurality opinion) (“nconstitutional discrimination”
occurs “when the electoral system is arranged in a manner
that will consistently degrade [a voter’s] influence on the
political process”); id., at 165 (Powell, J., concurring)
(“Unconstitutional gerrymandering” occurs when “the
boundaries of the voting districts have been distorted
deliberately” to deprive voters of “an equal opportunity to
participate in the State’s legislative processes”). Once
again, the majority never disagrees; it appears to accept
the “principle that each person must have an equal say in
the election of representatives.”
 
The political question doctrine is very narrow because the constitution doesn’t delegate authority outside the judiciary in many other situations, and certainly not education.

Cav, that’s a pretty direct shot at Brown v. Board, easily the most famous education ruling.
 
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