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Gerrymandering beyond Federal Courts?

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TC Talks
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Gerrymandering beyond Federal Courts?

Post by TC Talks » Thu Jun 27, 2019 10:37 am

In a 5-4 decision along traditional conservative-liberal ideological lines, the Supreme Court rules that partisan redistricting is a political question, not reviewable by federal courts and can't judge if extreme gerrymandering violates the constitution.

"We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts," Chief Justice Roberts wrote for the conservative majority. "Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions."
What the shit?
Justice Elena Kagan, writing for the court's four liberals, noted in an impassioned dissent: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent."


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Vic Doucette
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Re: Gerrymandering beyond Federal Courts?

Post by Vic Doucette » Thu Jun 27, 2019 11:03 am

RIP, democracy.


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bmw
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Re: Gerrymandering beyond Federal Courts?

Post by bmw » Thu Jun 27, 2019 11:27 am

So did you read the entire ruling, or reach your opinion based on a few paragraphs?

I suggest reading the entire 72 page ruling before getting your feathers ruffled. http://cdn.cnn.com/cnn/2019/images/06/2 ... 2_9ol1.pdf

There's a history lesson contained within. Read it - you might learn something.



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MWmetalhead
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Re: Gerrymandering beyond Federal Courts?

Post by MWmetalhead » Thu Jun 27, 2019 11:55 am

So, if federal courts have no authority, does that mean state courts still retain such authority?

I presume the answer to that question lies within each state's individual Constitution.


Greta Thunberg is a snot nosed brat who needs to STFU.

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TC Talks
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Re: Gerrymandering beyond Federal Courts?

Post by TC Talks » Thu Jun 27, 2019 11:57 am

That's what I am thinking. Gerrymandering decisions cannot be appealed to federal courts.

BMW, I agree with the decent. How does the following serve democracy.
“I think electing Republicans is better than electing Democrats,” explained David Lewis, a Republican member of the General Assembly’s redistricting committee. “So I drew this map to help foster what I think is better for the country.”

"I propose that we draw the maps to give a partisan advantage to 10 Republicans and three Democrats,” he said, “because I do not believe it’s possible to draw a map with 11 Republicans and two Democrats.”


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screen glare
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Re: Gerrymandering beyond Federal Courts?

Post by screen glare » Thu Jun 27, 2019 12:30 pm

The key words? “draw the map”.

The right wing justices will be rethinking their partisan stance when democrats take the felt pen.

Re-draw away!



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Re: Gerrymandering beyond Federal Courts?

Post by Vic Doucette » Thu Jun 27, 2019 12:39 pm

All that it takes for evil to triumph is five votes on the Supreme Court.


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Re: Gerrymandering beyond Federal Courts?

Post by bmw » Thu Jun 27, 2019 12:50 pm

Federal courts have SOME authority in certain circumstances, such as lines drawn to put people of a certain race in a certain district. Otherwise, authority is left to the states AND to Congress - Congress can pass laws. Again, I encourage people to read the ruling, or at least skim through it - there is a lot of historical and educational information about this topic.
screen glare wrote:
Thu Jun 27, 2019 12:30 pm
The key words? “draw the map”.

The right wing justices will be rethinking their partisan stance when democrats take the felt pen.

Re-draw away!
I assume you're not at all familiar with the cases the Supreme Court just ruled on. If you had so much as clicked on the link I posted to the entire ruling - in fact it is on the FIRST PAGE (so now I know for sure you didn't read any of it). You'll see this:
Voters and other plaintiffs in North Carolina and Maryland filed suits challenging their States’ congressional districting maps as unconstitutional partisan gerrymanders. The North Carolina plaintiffs claimed that the State’s districting plan discriminated against Democrats, while the Maryland plaintiffs claimed that their State’s plan discriminated against Republicans.
But go ahead; continue spewing your anti-right-wing stances without first educating yourself.



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MWmetalhead
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Re: Gerrymandering beyond Federal Courts?

Post by MWmetalhead » Thu Jun 27, 2019 5:10 pm

The vast majority of the examples cited in Roberts' written opinion were of Republicans engaging in gerrymandering.

Justice Roberts' arguments could have also been applied to federal court intervention in race based gerrymandering instance in the pre- Voting Rights Act era. Yet, federal courts intervened in some instances! His written opinion is thoughtful yet imperfect.

I have mixed thoughts regarding the majority decision. What I do know is this - Michigan is gerrymandered quite significantly, and North Carolina is gerrymandered outrageously.


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TC Talks
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Re: Gerrymandering beyond Federal Courts?

Post by TC Talks » Thu Jun 27, 2019 10:28 pm

But since it goes to help the GOP, let's let things slide?


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screen glare
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Re: Gerrymandering beyond Federal Courts?

Post by screen glare » Sat Jun 29, 2019 11:31 am

Republicans AND democrats. Keepin the felt pen makers in business!

And of course, bmw, the partisan split on the court has nothing to do with this decision. Right.



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MWmetalhead
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Re: Gerrymandering beyond Federal Courts?

Post by MWmetalhead » Mon Jul 01, 2019 5:33 pm

But since it goes to help the GOP, let's let things slide?
As I believe you are aware, I enthusiastically supported the "Voters, Not Politicians" ballot proposal that passed overwhelmingly.


Greta Thunberg is a snot nosed brat who needs to STFU.

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Bryce
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Re: Gerrymandering beyond Federal Courts?

Post by Bryce » Tue Jul 02, 2019 7:51 am

Race based gerrymandering is within the purview of the federal courts. Party based gerrymandering should be left for each individual state to deal with.


Cain killed Abel with a rock. God blamed Cain, NOT the rock.

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