The Supreme Court has abdicated its responsibility to strike down partisan gerrymandering. This occurs when one party intentionally manipulates district boundaries to skew its voting power, notwithstanding the will of the voters. Although both parties engage in partisan gerrymandering, Republicans benefit from it far more than Democrats.
Chief Justice John Roberts, writing for the conservative 5-4 majority inRucho v. Common Cause, admitted that excessive partisan gerrymandering is “incompatible with democratic principles” and “leads to results that reasonably seem unjust.” But, the Court held, challenges to the practice “present political questions beyond the reach of the federal courts.”
In her passionate dissent, joined by Justices Ginsburg, Breyer and Sotomayor, Justice Elena Kagan noted that extreme partisan gerrymanders “deprive citizens of the most fundamental of their constitutional rights” — the rights of equal participation in the political process, “to join with others to advance political beliefs, and to choose their political representatives.” Kagan wrote, “For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities.”
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