Supreme Court rules federal judges have no right to overturn gerrymandering
A victory for democracy: Supreme Court has ruled that federal judges have no authority to overturn congressional districts created by state legislatures.
The 5-4 opinion by Chief Justice John Roberts and joined by the court’s other conservatives said partisan election maps drawn by North Carolina Republicans and Maryland Democrats are constitutional despite their one-sided nature.
It was a dramatic withdrawal by the nation’s highest court from the political battles that have consumed states for decades, and it was loudly denounced by the court’s liberal justices.
“How do you decide where the line is between acceptable partisanship and too much partisanship?” Roberts said from the bench in announcing his ruling on the last day of the term. “At some point, it should occur to you that what you’ve been asked to do is not judging at all.” The chief justice said the challengers from North Carolina and Maryland asked for “an unprecedented expansion of judicial power” that would have broad consequences. “There will be no end to the litigation,” he said.
While this decision ends the use of the federal courts to override the decisions of elected state legislatures, the court has let stand state court actions that overrode gerrymandering. In the end, however, the essence here will shift political power back to the states and their legislatures.
A victory for democracy: Supreme Court has ruled that federal judges have no authority to overturn congressional districts created by state legislatures.
The 5-4 opinion by Chief Justice John Roberts and joined by the court’s other conservatives said partisan election maps drawn by North Carolina Republicans and Maryland Democrats are constitutional despite their one-sided nature.
It was a dramatic withdrawal by the nation’s highest court from the political battles that have consumed states for decades, and it was loudly denounced by the court’s liberal justices.
“How do you decide where the line is between acceptable partisanship and too much partisanship?” Roberts said from the bench in announcing his ruling on the last day of the term. “At some point, it should occur to you that what you’ve been asked to do is not judging at all.” The chief justice said the challengers from North Carolina and Maryland asked for “an unprecedented expansion of judicial power” that would have broad consequences. “There will be no end to the litigation,” he said.
While this decision ends the use of the federal courts to override the decisions of elected state legislatures, the court has let stand state court actions that overrode gerrymandering. In the end, however, the essence here will shift political power back to the states and their legislatures.