The U.S. Supreme Court has now agreed to hear a much-watched Wisconsin case, Gill v. Whitford, inviting it to reconsider its position that the Constitution does not create a judicial remedy for partisan gerrymandering. I wrote a post for Cato on the case and its implications, cautioning that the euphoria in some circles about an impending change in the high court’s jurisprudence is at best premature. The Justices by a 5-4 margin stayed the lower court order from Wisconsin, which hints, at least, that Justice Anthony Kennedy might not be persuaded by the advocates hoping to get him to open wide the door he left ajar in his 2004 concurrence in Vieth v. Jubelirer. [cross-posted and abridged from Free State Notes, which has more on the Maryland implications]
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