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Reactions to the Rucho decision

It turns out, I wasn't the only one to have a strong reaction to Rucho v Common Cause. We start with Justice Elena Kagan (citations removed):

The majority disputes none of what I have said (or will say) about how gerrymanders undermine democracy. Indeed, the majority concedes (really, how could it not?) that gerrymandering is “incompatible with democratic principles.” And therefore what? That recognition would seem to demand a response. The majority offers two ideas that might qualify as such. One is that the political process can deal with the problem—a proposition so dubious on its face that I feel secure in delaying my answer for some time. The other is that political gerrymanders have always been with us. To its credit, the majority does not frame that point as an originalist constitutional argument.

After all (as the majority rightly notes), racial and residential gerrymanders were also once with us, but the Court has done something about that fact. The majority’s idea instead seems to be that if wehave lived with partisan gerrymanders so long, we will survive.

That complacency has no cause. Yes, partisan gerrymandering goes back to the Republic’s earliest days. (As does vociferous opposition to it.) But big data and modern technology—of just the kind that the mapmakers in North Carolina and Maryland used—make today’s gerrymandering altogether different from the crude line drawing of the past. Old-time efforts, based on little more than guesses, sometimes led to so-called dummymanders—gerrymanders that went spectacularly wrong. Not likely in today’s world. Mapmakers now have access to more granular data about party preference and voting behavior than ever before. County-level voting data has given way to precinct-level or city-block-level data; and increasingly, mapmakers avail themselves of data sets providing wide-ranging information about even individual voters.

Crain's Chicago Business columnist Greg Hinz:

We’re all used to momentous U.S. Supreme Court rulings at the end of June. But rarely has the potential impact here in Chicago and Illinois been as great as it will be after a pair of key decisions today, in which the court upheld partisan gerrymandering and temporarily blocked a question about citizenship in the 2020 Census.

One decision likely removes much doubt that Illinois Democrats—led by Gov. J.B. Pritzker and state House Speaker Mike Madigan—will remain in power here and assure that allies do the same in the Illinois House and Senate and in the state’s congressional delegation. The other raises the odds that Illinois will lose one, not two, U.S. House seats in the upcoming decennial reapportionment—and keep hundreds of millions of federal dollars that are allotted on the basis of population.

Back in Illinois—unless Democrats were to somehow lose their majorities in the 2020 elections—that means that they'll draw the next set of legislative and congressional maps. There will be no court challenge, at least not one base on the new map's partisan tilt.

Gov. Pritzker has promised not to be partisan in the upcoming remap, and a reform group, Change Illinois, today called on him to honor that pledge, saying in a statement that "we deserve competitive elections and an equitable democracy in Illinois."

But if you really think Pritzker, who may have national political ambitions, is going to throw away the Democratic edge here while Republicans in states such as Indiana work to screw Democrats, you don't know politics. I'm not sure how he'll wiggle out of this one. But wiggle he will.

Had Garland been confirmed to the court, he quite possibly would have sided with the court's liberal justices and been a fifth vote to outlaw partisan gerrymandering. But he didn't get confirmed. As a result, states that already are blue (like Illinois) likely will get even bluer. And states that are red will turn redder.

Democratic presidential candidates:

“Today the Supreme Court refused to stop politicians rigging our democracy by writing election rules for their own benefit,” former vice president Joe Biden said on Twitter. “It couldn’t have happened without Justices put there by Donald Trump and Republicans — another reason why Democrats must take back the White House in 2020.”

Sen. Elizabeth Warren (D-Mass.), another presidential candidate, called the decision an “abomination.”

“Five Republican-appointed justices gave the green light to partisan gerrymandering — which lets Republicans pursue their extreme agenda without accountability to the people,” Warren said in a tweet. “It’s bad for our democracy and we need to fight back.”

Sen. Kamala D. Harris (D-Calif.), another White House hopeful, said a ban on partisan gerrymandering would be “a top priority” for her if elected president.

“Politicians shouldn’t be able to pick their voters, voters should choose their representatives,” Harris said on Twitter. “The Supreme Court’s gerrymandering decision will have drastic consequences for the future of our nation.”

Rep. Tim Ryan (D-Ohio), another White House hopeful, called the court decision “misguided” and “an insult to our democracy.”

And Sen. Amy Klobuchar (D-Minn.) also weighed in on Twitter, quoting from the dissenting opinion of Justice Elena Kagan.

“Of all times to abandon the Court’s duty to declare the law, this was not the one,” Kagan said. “The practices challenged in these cases imperil our system of government.”

This isn't over, by the way. Kagan's dissent was sound; and 5-4 decisions by nakedly partisan courts tend not to live past the next appointment.

Still, it's a bad decision for the country, and a good one for the Republican Party. Those things usually go together, after all.

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