February 6, 2019 | Professor Derek Muller‘s article, “Symposium: Why not continue the political struggle in partisan-gerrymandering cases?” has been published in the Supreme Court of the United States blog. The article considers the role of the federal courts and the political process in challenges to congressional districting maps.
Excerpt from “Symposium: Why not continue the political struggle in partisan-gerrymandering cases?”
Most of the Supreme Court’s docket is discretionary, but an invitation for federal courts to hear more of these cases would oblige the Supreme Court to hear more of them — which it may not be excited to do. And assuredly, whatever facts the court finds problematic from the last cycle of redistricting will simply be buried deeper underground for the 2020 redistricting, in which case new theories and different evidence will be needed.
The complete article may be found here