The Supreme Court on Monday denied Louisiana’s attempt to block a lower court’s order that it redraw its congressional maps. That court found that the state had likely diluted the power of Black voters in violation of the Voting Rights Act.
So the case will rattle around the federal judiciary for years to come through repeated remands and appeals while the state gets to keep its discriminatory map.
Other states that also might go the SCOTUS route - Wisconsin and Florida. Wisconsin got stuck with the “least change” criteria, which somehow morphed from “slightly less Republican, but still a majority” to “even more Republican.” And Florida Man ignored everyone and said “use mine!”. These days, at least a few rulings are going against him.
Which will be redrawn by State Republicans into another illegal gerrymander that the Courts will allow to go in effect for 2024 like they did in 2022.
Different versions of Ohio’s illegal Republican gerrymander was struck down seven times, but still allowed to go into effect for 2022. Unless the Court steps in and draws the map themselves (which apparently only happens to Democratic gerrymanders) The LA GOP can keep this farce going all the way through the 2024 election and beyond.
Call me cynical but I think this is just a rattled SCOTUS trying to change the focus of our attention from their appalling lack of ethics to “See what they are doing to preserve voting rights!”. They still stink.
Well, remember, Louisiana has already reaped the benefits of the gerrymander and helped the Republicans take over the House. So, whatever ruling later comes out, they got what they wanted. If the maps are redrawn more fairly, they’ll have another ploy up their sleeves for the subsequent election. More voter restrictions. Hostile “poll watchers”. No drop boxes. Sabotage drop boxes. Whatever it takes. And if they’re taken to court, they can always, in our molasses in January legal system, prolong the ultimate verdict through at least a couple of election cycles. A win, by any measure!
Ohio is a bit of a special case since the law apparently doesn’t provide a mechanism for the courts to step in with their own map. They have to rely on the legislature providing a valid map. A loophole the legislature was happy to be able to drive a truck through, repeatedly. The jurisdictions that had courts redraw the maps have a provision in the law to permit it.
Am I reading too much into this that the SCOTUS might not be relishing the rightists’ expectation to be their offensive and defensive all-star at the same time on every play?
Roberts and Kav showing some glimmer of perception that everyone hates the court these days. Alito and Thomas? “Fuck you, and fuck you more for publicizing what we’re entitled to!”
I think the more cynical take would be that Roberts (and perhaps Kavanaugh) recognize they are on thin ice with public opinion and the Democrats in power. If they push things too far and put their thumbs on the scale too often, they risk energizing the public to vote in people who will curtail their power (which may already be too late with Dobbs). If the Democrats are pushed to “pack” the court or some other reforms after taking back the House in 2024, Roberts, et al. may find their power diluted/diminished.
A State Supreme Court deciding it is toothless in correcting a unconstitutional situation is a choice. Unfortunately, it’s a choice that the Ohio Supreme Court had made repeatedly, such as when it declared Ohio’s system of funding it’s public schools unconstitutional multiple times, but never did more than ordering the State legislative to fix it (which they never did).
Intentional helplessness by the Ohio Supreme Court has taught Republicans that they can ignore the Court’s rulings and they have done so with gusto.
That’s my take too. If that is the case, it shows you how ideologically bent the court is. They decide a case based on the merits only when they are under pressure. Otherwise they have been doing whatever satisfies their wealthy benefactors and the Feudalist Society. This at least portends well for the “Independent State Legislature Theory” case they will hear any day now. Deciding that the wrong way will enable the ongoing coup attempts in this country and do extreme damage to the mechanisms of our democracy.