It’s so they can allow the gerrymandering elsewhere with Gorusch jumping back across the aisle.
Overturning the Democratic-friendly one while upholding the Republican ones would be very, very blatantly-in-your-face.
And by doing this one on “standing” grounds, it allows for it to be challenged later by someone with standing, so they can “fix” the problem for the Republicans down the road.
Thomas goes OUT OF HIS WAY to vote against African Americans. And the myth of Roberts as “maybe a good guy” is exactly this: a myth. Count on the inclusion of the census question.
IANAL nor a SC expert. But logically it seems at least one conservative justice must have rejected uncritical acceptance of the gerrymander. Not sure how this can be read otherwise, given the 5-4 conservative majority.
it did not decide the second question on the merits of the lower court’s racial gerrymandering finding.
A preview of things to come in other cases regarding redistricting before this court no doubt. That’s where the actual pretense by the rightwing justices on the court will finally be exposed. I fear they’re saving their worst decisions for last, just because they can.
Read it closely-- the finding was on procedural grounds, that the plaintiffs didn’t have standing to sue.
Thus, they didn’t actually decide on the merits of the case.
Yep. We’ll see though. This was truly a procedural decision, which is the only explanation for the way it split. I’d like to see the actual decision and dissent before trying to read the tea leaves any deeper.
This probably will hurt the emoluments case and the suit against Trump’s misuse of federal funds. Good result for VA however.
I understand that. My question is, why would they decide this on a technicality if they had the votes for a responsive decision.
The court has a centuries-long history of deciding on the narrowest possible grounds. (Yeah, sometimes they violate that) It means they don’t set policy precedent unless they want to.
See my above post. There’s another decision pending, I think North Carolina, which would be very favorable for Republicans with a 5-4 win. Punting on the Democratic-friendly one in VA allows them to rule in favor of the Republicans in North Carolina without the same accusations of being nakedly partisan.
ETA: We’ll see whether that prediction holds up within the next two weeks.
“WTF”.
as a not-an-attorney, that was my considered opinion too. as, i am sure you noticed, this was a procedural decision and did not get into the actual merits of the gerrymandering issue. seems like nitpicking over substance to me. i wonder how the vote would have broken down if gerrymandering was actually addressed? 5-4? but maybe a different 5-4?
You might want to check your numbers and update the last sentence that says the Republicans have a 51-96 majority in the House of Delegates.
Yep, it’s calling throwing us a bone.
Based on your avatar, it was the right call…
While the VA decision might end up being a double edged sword for Dems if this standing issue is used against them in other cases, the reaffirmation of dual sovereignty will help the Dems and hurt Trump and his associates personally.
NYS can prosecute Manafort for the same crimes that the Feds prosecuted him on. A pardon has no value for him. Manhattan DA is already prosecuting Manafort for additional crimes. That might actually get him to cough up evidence that he denied Mueller in exchange for a shorter sentence. An impeachment proceeding might change Manafort’s political calculus as he might think Trump too weak and undependable to stay in jail for. Problem for Manafort is that his credibility is shot but perhaps he has stashes and docs he can offer.
This will also factor into the Trump family’s thinking on tax and financial fraud claims. If Dems ever get the political will to open a formal impeachment inquiry, you could see a flood of action in the courts as it becomes open season on anything Trump.
Any attorney should be embarrassed that judges are so ideological. We civilians wonder what is taught in law school.
Don’t give them any ideas…
Or this nugget…
“the justices have likely tilted the 2019 elections in Democrats’ favor”
WTF is that?
Um, more like “took the racist Republican thumb off the scale for the 2019 elections”
I’d say let’s be happy with this ruling and not project what terrible rulings will be in the future. We have to celebrate any small victory at this stage of our corrupt government.
My instant reaction too. Momentarily thought it was still Sunday… 