Supreme Court says federal courts don’t have a role in deciding partisan gerrymandering claims

Jun 2019
272
108
NC
We are living in the early days of our own Third Reich. Once the courts have lost their independence, the rest falls quickly.
We are in a very serious position with the depth of partisan corruption. The NC Congress has put off the redistricting from the bias gerrymandering, so that nothing has changed for this upcoming election, bear in mind this all happened in 2010. They've kept it in place for a decade. Being from NC that burns my butt.
 
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Jul 2018
2,471
648
Earth
This: Justice Elena Kagan dissented for the court’s liberals. “For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities,” she wrote.

A constitutional violation!
Thinking....thinking....what's that called in grade school?? AH..yes. It's called CHEATING.
AND that's the MO of the Republican Party---want more proof??
Look who's sitting in the White House.
When the Dems win they can draw new districts and there won't be anything the Repubs will be able to do about it.
 
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Jun 2019
272
108
NC
When the Dems win they can draw new districts and there won't be anything the Repubs will be able to do about it.
Her writing that comment is in direct conflict with one of the sole purposes of the Federal Supreme Court.
 
Aug 2019
924
888
Albuquerque, NM
Now that we have a SCOTUS in the fat orange turd's image, it's become as worthless and corrupt as he is.

Supreme Court says federal courts don’t have a role in deciding partisan gerrymandering claims
View attachment 4211
The Supreme Court’s conservatives decided Thursday that federal courts do not have a role to play in deciding whether partisan gerrymandering goes too far.

The 5 to 4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s other conservatives.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts.,” Roberts wrote. “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.”

Justice Elena Kagan dissented for the court’s liberals. “For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities,” she wrote.

Kagan underscored her disagreement by reading a lengthy excerpt of her dissent from the bench.

While the Supreme Court regularly scrutinizes electoral districts for racial gerrymandering, the justices have never found a state’s redistricting map so infected with politics that it violates the Constitution. Such a decision would have marked a dramatic change for how the nation’s political maps are drawn.

The court passed up the chance last term to settle the issue of whether courts have a role in policing partisan gerrymandering, sending back on technical rulings challenges to a Republican-drawn plan in Wisconsin and the challenged Maryland map.

There’s been less reticence outside the Supreme Court. With recent decisions in Ohio and Michigan, federal courts in five states have struck down maps as partisan gerrymanders. And last fall, voters in Michigan, Ohio, Colorado, Missouri and Utah either took redistricting away from politicians or limited their power.

Last June, the justices said the Maryland case was not ready for them and sent it back. In November, a unanimous three-judge panel found that Democrats had unconstitutionally targeted Republican voters in the 6th Congressional District. The legislature had redrawn the district, which previously stretched across the top of the state, to dip down and take in Democratic strongholds in the Washington suburbs.

After the 2011 redistricting, a Democrat won the seat previously held by a Republican. There was an open election in the district in November, when Democrat David Trone defeated Republican Amie Hoeber by a wide margin.

“The massive and unnecessary reshuffling of the Sixth District, involving one-half of its population and dictated by party affiliation and voting history, had no other cause than the intended actions of the controlling Democratic officials to burden Republican voters by converting the district” into a Democratic one wrote Judge Paul V. Niemeyer of the U.S. Court of Appeals for the 4th Circuit.



Rather than redraw the map, as the federal judges had ordered, Democratic Attorney General Brian E. Frosh decided to appeal to the Supreme Court. That put him at odds with the state’s Republican Gov. Larry Hogan, who also won reelection in November and has pushed three times for a constitutional amendment that would have an independent commission redraw boundaries.


The Supreme Court had also sent back the North Carolina case last term, telling a panel of three federal judges to decide whether challengers in that state had the legal standing to bring the challenge. The judges said they did, and also found that the legislature’s efforts violated constitutional protections of equal protection and free speech.

The North Carolina legislature “drew a plan designed to subordinate the interests of non-Republican voters not because they believe doing so advances any democratic, constitutional, or public interest, but because, as the chief legislative mapdrawer openly acknowledged, the General Assembly’s Republican majority ‘think electing Republicans is better than electing Democrats,’ ” wrote Judge James A. Wynn Jr. of the U.S. Court of Appeals for the 4th Circuit.

“But that is not a choice the Constitution allows legislative mapdrawers to make.”

Wynn was referring to comments from a legislative leader after a previous map was struck down as an example of racial gerrymandering that made clear politics was at the heart of the new map.

Much more and videos: https://www.washingtonpost.com/politics/courts_law/supreme-court-says-federal-courts-dont-have-a-role-in-deciding-partisan-gerrymandering-claims/2019/06/27/2fe82340-93ab-11e9-b58a-a6a9afaa0e3e_story.html?utm_term=.07f6d1c8b8c5
Complete hack ruling. Nobody is saying SCOTUS should pick the districts, but they should rule on whether gerrymandering is lawful or not
 
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Nov 2012
41,310
11,878
Lebanon, TN
Now that we have a SCOTUS in the fat orange turd's image, it's become as worthless and corrupt as he is.

Supreme Court says federal courts don’t have a role in deciding partisan gerrymandering claims
View attachment 4211
The Supreme Court’s conservatives decided Thursday that federal courts do not have a role to play in deciding whether partisan gerrymandering goes too far.

The 5 to 4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s other conservatives.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts.,” Roberts wrote. “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.”

Justice Elena Kagan dissented for the court’s liberals. “For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities,” she wrote.

Kagan underscored her disagreement by reading a lengthy excerpt of her dissent from the bench.

While the Supreme Court regularly scrutinizes electoral districts for racial gerrymandering, the justices have never found a state’s redistricting map so infected with politics that it violates the Constitution. Such a decision would have marked a dramatic change for how the nation’s political maps are drawn.

The court passed up the chance last term to settle the issue of whether courts have a role in policing partisan gerrymandering, sending back on technical rulings challenges to a Republican-drawn plan in Wisconsin and the challenged Maryland map.

There’s been less reticence outside the Supreme Court. With recent decisions in Ohio and Michigan, federal courts in five states have struck down maps as partisan gerrymanders. And last fall, voters in Michigan, Ohio, Colorado, Missouri and Utah either took redistricting away from politicians or limited their power.

Last June, the justices said the Maryland case was not ready for them and sent it back. In November, a unanimous three-judge panel found that Democrats had unconstitutionally targeted Republican voters in the 6th Congressional District. The legislature had redrawn the district, which previously stretched across the top of the state, to dip down and take in Democratic strongholds in the Washington suburbs.

After the 2011 redistricting, a Democrat won the seat previously held by a Republican. There was an open election in the district in November, when Democrat David Trone defeated Republican Amie Hoeber by a wide margin.

“The massive and unnecessary reshuffling of the Sixth District, involving one-half of its population and dictated by party affiliation and voting history, had no other cause than the intended actions of the controlling Democratic officials to burden Republican voters by converting the district” into a Democratic one wrote Judge Paul V. Niemeyer of the U.S. Court of Appeals for the 4th Circuit.



Rather than redraw the map, as the federal judges had ordered, Democratic Attorney General Brian E. Frosh decided to appeal to the Supreme Court. That put him at odds with the state’s Republican Gov. Larry Hogan, who also won reelection in November and has pushed three times for a constitutional amendment that would have an independent commission redraw boundaries.


The Supreme Court had also sent back the North Carolina case last term, telling a panel of three federal judges to decide whether challengers in that state had the legal standing to bring the challenge. The judges said they did, and also found that the legislature’s efforts violated constitutional protections of equal protection and free speech.

The North Carolina legislature “drew a plan designed to subordinate the interests of non-Republican voters not because they believe doing so advances any democratic, constitutional, or public interest, but because, as the chief legislative mapdrawer openly acknowledged, the General Assembly’s Republican majority ‘think electing Republicans is better than electing Democrats,’ ” wrote Judge James A. Wynn Jr. of the U.S. Court of Appeals for the 4th Circuit.

“But that is not a choice the Constitution allows legislative mapdrawers to make.”

Wynn was referring to comments from a legislative leader after a previous map was struck down as an example of racial gerrymandering that made clear politics was at the heart of the new map.

Much more and videos: https://www.washingtonpost.com/politics/courts_law/supreme-court-says-federal-courts-dont-have-a-role-in-deciding-partisan-gerrymandering-claims/2019/06/27/2fe82340-93ab-11e9-b58a-a6a9afaa0e3e_story.html?utm_term=.07f6d1c8b8c5

Court got it right, the STATE LEGISLATURES are to draw districts, not Courts, Voters, Not Govenors, or city counsels.

And so here is ONE MORE I TOLD YOU SO, from your forum member that bothers to read the US Constitution.
 
Nov 2012
11,238
9,527
nirvana
Court got it right, the STATE LEGISLATURES are to draw districts, not Courts, Voters, Not Govenors, or city counsels.

And so here is ONE MORE I TOLD YOU SO, from your forum member that bothers to read the US Constitution.
The state court has the standing to force state legislatures to redraw districts. Which is why that decision will stand. If the NC state legislature tries to get cute again, the state court will decide what the map should look like before 2020.
 
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Aug 2019
924
888
Albuquerque, NM
I don't understand how the supreme court wouldn't have a say in federal elections. The system is being rigged where republican get minority of votes but pick up majority of seats. They are cheating the system and robbing people of their vote. People's rights are being violated but such cheating
 
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Nov 2012
11,238
9,527
nirvana
I don't understand how the supreme court wouldn't have a say in federal elections. The system is being rigged where republican get minority of votes but pick up majority of seats. They are cheating the system and robbing people of their vote. People's rights are being violated but such cheating
The Constitution gives the power to the states to set their voting regulations. Which means the state legislatures, and the state courts.
 
Dec 2015
18,961
18,480
Arizona
The Constitution gives the power to the states to set their voting regulations. Which means the state legislatures, and the state courts.
Which means that The Golden Rule stands: He who has the gold (power) makes the rules.
If the state has a GOP governor, house and senate THEY will decide the districts and the regulations. Conversely, if the DEMS "own" the state THEY will decide the districts and the regulations.
For the first time since 1914 there is only one divided state legislature in the whole country. Minnesota. What’s happened is that America has been experiencing a slow-motion realignment, with broad swaths of the country now off-limits to one party or the other.
Republicans currently control the legislatures in 31 states, while Democrats hold 18. In three-quarters of the states, the same party controls both the legislature and the governor’s office. It would be tempting to say that the era of divided government is over, except for the fact that governors, at least, are able to carve out personal profiles that sometimes allow them to cut against the partisan grain of their states.
AND some people WONDER why this nation is so divided.
Take a look at the map of America with gerrymandering and the America without. This isn't real current, but I think you'll get the point.
https://www.washingtonpost.com/news/wonk/wp/2016/01/13/this-is-actually-what-america-would-look-like-without-gerrymandering/