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StarfishSaver

(18,486 posts)
Thu Jun 27, 2019, 10:16 AM Jun 2019

The Supreme Court case on gerrymandering is a disaster

The Court just ruled federal courts have no role in second-guessing "partisan gerrymandering" - so legislatures can use as many racist and discriminatory standards for redistricting it wants as long as they claim it's "political."

94 replies = new reply since forum marked as read
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The Supreme Court case on gerrymandering is a disaster (Original Post) StarfishSaver Jun 2019 OP
Not Political? montanacowboy Jun 2019 #1
citizens united and this. when the REAL chips are down-- fuck john roberts pangaia Jun 2019 #9
+1, they had ... NO ... problem deciding Bush V Gore and stopping the recount in Florida !!! uponit7771 Jun 2019 #58
They had no problem striking down Section 5 of the Voting Rights Act StarfishSaver Jun 2019 #69
...and They Knew They Wrong in Doing So. The_Counsel Jun 2019 #87
We need to win the Presidency ChiTownDenny Jun 2019 #63
THIS! YES! kag Jun 2019 #82
Both and StarfishSaver Jun 2019 #90
+1 -K&R onetexan Jun 2019 #92
Big loss for opponents of gerrymandering, unfortunately. n/t PoliticAverse Jun 2019 #2
Big loss for people who love Democracy, you mean. Eliot Rosewater Jun 2019 #5
+++ agree iluvtennis Jun 2019 #44
Absolutely agree!!! pazzyanne Jun 2019 #67
Strange reply SlogginThroughIt Jun 2019 #93
This is what happens when people WHINE about our prez candidate Eliot Rosewater Jun 2019 #3
Yes StarfishSaver Jun 2019 #7
Democrats can play that same game . . . Iliyah Jun 2019 #4
First, Democrats have to get control of state legislatures StarfishSaver Jun 2019 #8
Which is happening . . . . Iliyah Jun 2019 #10
and repubs have been working on it since before 1980... pangaia Jun 2019 #11
California - Devin Nunes, Kevin McCarthy, Duncan Hunter NewJeffCT Jun 2019 #19
These aren't state legislators StarfishSaver Jun 2019 #20
Democrats in the California state legislature NewJeffCT Jun 2019 #28
No, but CA & NY have Dem control and can affect GOP trolls now bigbrother05 Jun 2019 #38
Yeah but, watoos Jun 2019 #68
Yes! True Blue American Jun 2019 #56
Dems need to get control and pass legislation elias7 Jun 2019 #83
Yet another WTF! Absolutely stupid and incredible ruling! Day by day, the democracy gets ripped RKP5637 Jun 2019 #6
Supreme Court Says Constitution Does Not Bar Partisan Gerrymandering. elleng Jun 2019 #12
Then it's time for California NewJeffCT Jun 2019 #13
Agree! True Blue American Jun 2019 #16
The only way to turn this around. Baitball Blogger Jun 2019 #17
They are all gerrymandered districts because we have those states set up for maximum Dem wins. Ace Rothstein Jun 2019 #32
Most blue states like CA NewJeffCT Jun 2019 #53
Illinois is done by state legislature. Ace Rothstein Jun 2019 #54
You can simply draw a box that encompasses every R voter in the state Takket Jun 2019 #64
+1, its also time for California to demand representative electoral votes. uponit7771 Jun 2019 #41
Thank goodness True Blue American Jun 2019 #14
I hope you are correct. N/t Mach1miles Jun 2019 #21
The AG True Blue American Jun 2019 #47
welcome to DU gopiscrap Jun 2019 #75
Thank you. Mach1miles Jul 2019 #94
A lot of heinous fuckery occurs at the state level The Velveteen Ocelot Jun 2019 #15
to #15 - you are absolute correct. We MUST strengthen our local and statewide GOTV efforts. northoftheborder Jun 2019 #31
Exactly treestar Jun 2019 #43
This really is a States rights issue True Blue American Jun 2019 #48
Yes it is, elleng Jun 2019 #57
A Court has ordered Ohio True Blue American Jun 2019 #60
Absolutely correct. yardwork Jun 2019 #65
Disgraceful. Goodheart Jun 2019 #18
Remember in Bush v. Gore when the Supreme Court called off the recount Goodheart Jun 2019 #25
Yes. Court can strike down portions of the voting rights act StarfishSaver Jun 2019 #26
Does that prevent the state courts from making judgments? AJT Jun 2019 #22
Well, that accelerates the problem zaj Jun 2019 #37
Can't they bring these cases back on racial grounds... zaj Jun 2019 #23
The only silver lining I can see is that it will heighten the awareness about the importance of WhiskeyGrinder Jun 2019 #24
Hmmm, from MSNBC it says it leaves it up to congress and federal courts have to stay out of it... uponit7771 Jun 2019 #27
That won't work. Congress can't make voting laws for states, not even for presidential elections. Goodheart Jun 2019 #39
Can't congress make laws saying gerrymandering can't be political along with racial? tia uponit7771 Jun 2019 #42
I have heard too many True Blue American Jun 2019 #55
A comment from SCOTUSblog: WhiskeyGrinder Jun 2019 #29
Ohio already did True Blue American Jun 2019 #52
Interesting comment from scotusblog: rurallib Jun 2019 #30
yeah, but the supreme court was happy to decide the election in 2000.... unblock Jun 2019 #36
IKR !?!?! uponit7771 Jun 2019 #45
With legal gerrymandering and a citizenship question on the census... BKDem Jun 2019 #33
here's the problem with the majority decision: unblock Jun 2019 #34
+1, It sounds like the majority is going back to their "intentions" rulings as if intentions make uponit7771 Jun 2019 #46
This is going to be one of those decisions hated by both sides. Tommy_Carcetti Jun 2019 #35
Fledgeling steps of a really bad court B Stieg Jun 2019 #40
it has been a really bad court since Roberts came on rurallib Jun 2019 #59
Elections have consequences. RedSpartan Jun 2019 #49
Shocker: gerrymandering the Supreme Court produces gerrymandering state legislatures. nt NCjack Jun 2019 #50
Time we start to take out the republican governors. slater71 Jun 2019 #51
Does this effect state ballot initiatives? Takket Jun 2019 #61
No, States rights. True Blue American Jun 2019 #62
What's the matter? bucolic_frolic Jun 2019 #66
A big thanks to all the so-called progressives who complained about Hillary and stayed home in 2016. OrlandoDem2 Jun 2019 #70
Fuck the Supreme Court 5. We all know who they are. debsy Jun 2019 #71
SCOTUS supports individual states fixing their own redistricting problems FakeNoose Jun 2019 #72
Just an FYI - asiliveandbreathe Jun 2019 #73
Dreadful ruling! dhol82 Jun 2019 #74
yup gopiscrap Jun 2019 #76
Wonderful. old guy Jun 2019 #77
Look at what Michigan did and pass similar gerrymandering killers everywhere Dorn Jun 2019 #78
States can and should fix gerrymandering. aquamarina Jun 2019 #79
Make it backfire Traildogbob Jun 2019 #81
Since it is a political process, Democrats should play the same game dalton99a Jun 2019 #80
It Will Take Congress Passing Anti-Gerrymandering Legislation dlk Jun 2019 #84
The phrase that should always be used: political hacks in robes Hassler Jun 2019 #85
So now Dems will have to... Kablooie Jun 2019 #86
"What's good for the goose is good for the gander" dalton99a Jun 2019 #91
Campaign issue Johnny2X2X Jun 2019 #88
It was another 5 -4 decision. I think i can guess whom the 5 were! Mr. Sparkle Jun 2019 #89

montanacowboy

(6,083 posts)
1. Not Political?
Thu Jun 27, 2019, 10:17 AM
Jun 2019

bullshit
John Roberts the decider with his other 4 asshole members to fuck the country over and over again

The_Counsel

(1,660 posts)
87. ...and They Knew They Wrong in Doing So.
Thu Jun 27, 2019, 01:04 PM
Jun 2019

That's why they sneaked in the caveat at the end stating that the decision could not be used as a precedent later. Some shady shit went down on 12/13/2000...

kag

(4,079 posts)
82. THIS! YES!
Thu Jun 27, 2019, 12:38 PM
Jun 2019

That is what needs to happen. And if we can get Turtle out of the way, that would be even better.

On edit: Actually, we should impeach Kavanaugh for lying to Congress...twice.

 

StarfishSaver

(18,486 posts)
90. Both and
Thu Jun 27, 2019, 01:20 PM
Jun 2019

We also need to be changing the US Senate and statehouses. Without a Democratic Senate majority, presidential appointments are much harder.

pazzyanne

(6,547 posts)
67. Absolutely agree!!!
Thu Jun 27, 2019, 11:24 AM
Jun 2019

I have not been this disgusted since Citizens United was passed! The day that was announced I heard in on my car radio driving home after work. I practically drove in the ditch with my mouth hanging open!!!

Eliot Rosewater

(31,109 posts)
3. This is what happens when people WHINE about our prez candidate
Thu Jun 27, 2019, 10:20 AM
Jun 2019

This is fucking huge and we are in BIG trouble now that this CRIME is no longer a crime

 

StarfishSaver

(18,486 posts)
7. Yes
Thu Jun 27, 2019, 10:21 AM
Jun 2019

And what happens when people don't vote in mid-terms and pay no attention to state and local races.

NewJeffCT

(56,828 posts)
19. California - Devin Nunes, Kevin McCarthy, Duncan Hunter
Thu Jun 27, 2019, 10:26 AM
Jun 2019

and others...

New York - Steve King, Elise Stefanik, Chris Collins, etc

New Jersey

NewJeffCT

(56,828 posts)
28. Democrats in the California state legislature
Thu Jun 27, 2019, 10:33 AM
Jun 2019

have supermajorities in both houses, I believe, and Newsom is Governor

NY Democrats finally control both houses there as well as well as the statehouse.

bigbrother05

(5,995 posts)
38. No, but CA & NY have Dem control and can affect GOP trolls now
Thu Jun 27, 2019, 10:38 AM
Jun 2019

Most GOP controlled states have already done this and SCOTUS just indicated they won't interfere.

Wonder how their GOP enablers will feel when the Dems use the same techniques to lop off some of their House seats?

Real effects could be seen in the local districts that control who goes to the state legislatures.

 

watoos

(7,142 posts)
68. Yeah but,
Thu Jun 27, 2019, 11:26 AM
Jun 2019

Pennsylvania gets more Democratic votes every election but loses seats. I am screwed in my district, I have Glenn Thompson who breathes natural gas and drinks oil. There is absolutely no chance for any Democrat, no chance if Christ himself came back and ran against Thompson that Thompson would lose. That's why we have a Democratic governor, Wolf, but a Republican legislative majority because of gerrymandering. Wolf wants to install new voting machines for the election but the Republican controlled legislature is stopping it. I vote into an old machine that has no paper trail, no means for a recount. Gerrymandering is hard to overcome that's why the 2020 election is so important.

elias7

(3,997 posts)
83. Dems need to get control and pass legislation
Thu Jun 27, 2019, 12:41 PM
Jun 2019

Because who wants to play the gerrymandering game. It’s fundamentally unfair and not consistent with Dem ideals.

Need to pass something that can’t get overturned in the supreme court.

RKP5637

(67,104 posts)
6. Yet another WTF! Absolutely stupid and incredible ruling! Day by day, the democracy gets ripped
Thu Jun 27, 2019, 10:21 AM
Jun 2019

apart more and more ... rigged!!!

elleng

(130,865 posts)
12. Supreme Court Says Constitution Does Not Bar Partisan Gerrymandering.
Thu Jun 27, 2019, 10:24 AM
Jun 2019

'The vote in two cases was 5 to 4, with the court’s more conservative members in the majority. The court appeared to close the door on such claims.

The drafters of the Constitution, Chief Justice John G. Roberts Jr. wrote for the majority, understood that politics would play a role in drawing election districts when they gave the task to state legislatures. Judges, the chief justice said, are not entitled to second-guess lawmakers’ judgments.

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

https://www.nytimes.com/2019/06/27/us/politics/supreme-court-says-constitution-does-not-bar-partisan-gerrymandering.html?

NewJeffCT

(56,828 posts)
13. Then it's time for California
Thu Jun 27, 2019, 10:24 AM
Jun 2019

to gerrymander Devin Nunes, Kevin McCarthy and Duncan Hunter's seats out of existence

Same with NY and Chris Collins and Steve King

Ace Rothstein

(3,160 posts)
32. They are all gerrymandered districts because we have those states set up for maximum Dem wins.
Thu Jun 27, 2019, 10:34 AM
Jun 2019

We can probably squeeze another seat or two out of CA and NY but we really need to focus on winning legislatures in WI, MI, OH, VA and NC to unfuck those states at both the state and national levels.

NewJeffCT

(56,828 posts)
53. Most blue states like CA
Thu Jun 27, 2019, 10:51 AM
Jun 2019

have a non partisan panel of judges drawing up voting districts, so it keeps gerrymandering to a minimum. Red States typically have it done by the state legislature.

Maryland, I believe, is one of the few blue states that have it done by the state legislature.

Ace Rothstein

(3,160 posts)
54. Illinois is done by state legislature.
Thu Jun 27, 2019, 10:52 AM
Jun 2019

We're pretty well gerrymandered in our favor. It is the purple states we need to work on where we got crushed in 2010.

Takket

(21,560 posts)
64. You can simply draw a box that encompasses every R voter in the state
Thu Jun 27, 2019, 11:01 AM
Jun 2019

SCOTUS says it is perfectly fine.

True Blue American

(17,984 posts)
14. Thank goodness
Thu Jun 27, 2019, 10:24 AM
Jun 2019

Ohio voters have already voted on a committee overwhelmingly, but will not take place until 2021, although the Court has ordered them to come up with a new plan for this election. I guess that ruling will stand.

True Blue American

(17,984 posts)
47. The AG
Thu Jun 27, 2019, 10:46 AM
Jun 2019

Asked for a delay to the June 14th deadline so the Hudge postponed it. He will now have to rule.

The Court had ordered the chancge in gerrymandering. Not sure how he will over rule his own decision. I may be wrong.

The Velveteen Ocelot

(115,674 posts)
15. A lot of heinous fuckery occurs at the state level
Thu Jun 27, 2019, 10:25 AM
Jun 2019

and it’s become apparent that more attention must be paid to state elections. Seems like people don’t know or care much about their state legislatures, but pay attention only to presidential elections every four years. If the Supreme Court is going to dump all these issues back onto the states (abortion could become another one) we’d better start getting involved at the state level because that’s where some of the worst shit originates.

True Blue American

(17,984 posts)
48. This really is a States rights issue
Thu Jun 27, 2019, 10:47 AM
Jun 2019

Bad as we do not like it. We now must get Democrats in our State Houses.

elleng

(130,865 posts)
57. Yes it is,
Thu Jun 27, 2019, 10:54 AM
Jun 2019

part of this/these cases came out of Maryland, giving me (and others) good representation by a Democrat, in fact Congressman Delaney's district.

True Blue American

(17,984 posts)
60. A Court has ordered Ohio
Thu Jun 27, 2019, 10:57 AM
Jun 2019

To come up with new Districting and set June14th. As usual Yost filed an appeal. The Judge gave them more time but now this Judges ruling should stand.

Git er done, Yost!

Goodheart

(5,321 posts)
18. Disgraceful.
Thu Jun 27, 2019, 10:26 AM
Jun 2019

So a blatant attempt to diminish voting power according to race is constitutional? In a pig's eye, you hacks.

Goodheart

(5,321 posts)
25. Remember in Bush v. Gore when the Supreme Court called off the recount
Thu Jun 27, 2019, 10:30 AM
Jun 2019

on an equal protection basis? That somebody's vote in Pensacola might not have the same weight as somebody's in Tampa?

HOW IS THIS EQUAL PROTECTION, YOU FUCKING HACKS?

 

zaj

(3,433 posts)
37. Well, that accelerates the problem
Thu Jun 27, 2019, 10:38 AM
Jun 2019

Over time Democratic appointed judges will rule against democratic efforts of gerrymandering, but Republican appointed judges never will.

That means over time authoritarian desires will continue to compound, and democracy will weaken. This is an accelerant to the death of democracies.

 

zaj

(3,433 posts)
23. Can't they bring these cases back on racial grounds...
Thu Jun 27, 2019, 10:29 AM
Jun 2019

... and use the documents discovered recently and argue that they are clearly racism?

WhiskeyGrinder

(22,326 posts)
24. The only silver lining I can see is that it will heighten the awareness about the importance of
Thu Jun 27, 2019, 10:30 AM
Jun 2019

local and state elections. As they said on the SCOTUS blog, the circularity is hard to break, but it often does at some point. This may make gerrymandering a campaign issue again as well.

uponit7771

(90,335 posts)
27. Hmmm, from MSNBC it says it leaves it up to congress and federal courts have to stay out of it...
Thu Jun 27, 2019, 10:31 AM
Jun 2019

... so if dem gain ruling control of congress or state level governments they can set up the rules on political gerrymandering.

The majority basically said there's no standard the judges can go by, Kennedy is leaving the door open to a standard.

I'm looking at what MSNBC analyst is saying.

Goodheart

(5,321 posts)
39. That won't work. Congress can't make voting laws for states, not even for presidential elections.
Thu Jun 27, 2019, 10:38 AM
Jun 2019

lThis ruling is fucked, and no amount of lipstick will make this pig attractive.

WhiskeyGrinder

(22,326 posts)
29. A comment from SCOTUSblog:
Thu Jun 27, 2019, 10:33 AM
Jun 2019
As the Florida amendment on felon voting rights showed last election cycle, there is often a lot of popular support for neutral principles of voting rights, even when they are politically loaded. I would expect a lot of efforts to get anti-gerrymandering amendments on to state referendums and ballot initiatives in coming years.

True Blue American

(17,984 posts)
52. Ohio already did
Thu Jun 27, 2019, 10:51 AM
Jun 2019
and the funny part is Republicans put the committee on the ballot because they were afraid Democrats would take over before the Census and voters went for it,overwhelmingly.

rurallib

(62,406 posts)
30. Interesting comment from scotusblog:
Thu Jun 27, 2019, 10:34 AM
Jun 2019

Can this decision be squared with the narrative that Chief Justice Roberts is an institutionalist?
MJ

Kevin Russell
Yes -- he viewed the Court deciding political gerrymandering cases as a threat to the public's perception of the Court as an apolitical institution, since whichever side lost would suspect the Court was just favoring a political party.


ETA - seems like every "conservative" lives in a fantasy world. Roberts has used the Court to mangle the country for years, yet wants to pretend he is "apolitical"

BKDem

(1,733 posts)
33. With legal gerrymandering and a citizenship question on the census...
Thu Jun 27, 2019, 10:35 AM
Jun 2019

...this country's minority party will continue to rule us all. perhaps for generations.

unblock

(52,196 posts)
34. here's the problem with the majority decision:
Thu Jun 27, 2019, 10:36 AM
Jun 2019

the right-wing majority on the court is trying to have it both ways.

in theory, you could say that gerrymandering for purely "political" reasons isn't unconstitutional. for example, if you gerrymandered on the basis of people who favored a manned mission to mars vs. those who didn't.

on the other hand, it is well-established that you can't gerrymander on the basis of on of things like race. that is unconstitutional.


the problem comes in when the parties themselves are hugely split on the basis of race. so gerrymandering purely based on republicans vs. democrats is inherently discriminating on the basis of race, even if the intention was to gerrymander "only" on the basis of party affiliation. fact is, it's impossible to favor republicans without favoring whites at the expense of non-whites.


i might agree with the majority decision if the parties didn't have a statistically meaningful difference based on race. but as it is, it's ignores the reality of the situation.

but i'm sure the court majority knows this full well....

uponit7771

(90,335 posts)
46. +1, It sounds like the majority is going back to their "intentions" rulings as if intentions make
Thu Jun 27, 2019, 10:44 AM
Jun 2019

... the effects of racism OK.

Tommy_Carcetti

(43,173 posts)
35. This is going to be one of those decisions hated by both sides.
Thu Jun 27, 2019, 10:37 AM
Jun 2019

Much like the Kelo v. City of New London eminent domain case a few years ago.

rurallib

(62,406 posts)
59. it has been a really bad court since Roberts came on
Thu Jun 27, 2019, 10:56 AM
Jun 2019

and was pretty bad before that (Gore v. Bush eg)

RedSpartan

(1,693 posts)
49. Elections have consequences.
Thu Jun 27, 2019, 10:47 AM
Jun 2019

Still glad you voted for Jill Stein, or stayed home in protest of Bernie not being the nominee, or didn't vote because you "just didn't like" Hillary, or because you think the parties are the same? Go to hell.

Takket

(21,560 posts)
61. Does this effect state ballot initiatives?
Thu Jun 27, 2019, 10:57 AM
Jun 2019

Michigan passed a ballot initiative that took district drawing away from the legislature and gave it to an independent commission, I hope that will still stand!

Citizens in gerrymandered states will need to get their own ballot initiatives on the ballot like Michigan did.

bucolic_frolic

(43,128 posts)
66. What's the matter?
Thu Jun 27, 2019, 11:18 AM
Jun 2019

Don't you like George W. Bush's Ownership Society? They own us. They control us with money, pollute our minds with the media they own, control our bodies so we can work, make profit for, and purchase from their companies, and dictate to us their social issues. We are OWNED! Can't you taste the freedom?

debsy

(530 posts)
71. Fuck the Supreme Court 5. We all know who they are.
Thu Jun 27, 2019, 11:34 AM
Jun 2019

Corporatists beholden to their masters to the end. They have no interest in protecting our democratic republic - only pleasing the wealthy, selfish scumbags who put them there.

FakeNoose

(32,633 posts)
72. SCOTUS supports individual states fixing their own redistricting problems
Thu Jun 27, 2019, 11:34 AM
Jun 2019

I wouldn't call this a disaster. It just means that SCOTUS won't step in when individual states create their own problem, that state needs to fix it themselves. But the political will has to be there and let's face it, not every state has the political will.

In Pennsylvania we had a coordinated "bi-partisan" effort to overcome massive gerrymandering and it was fought through our courts successfully in 2018. But the PA GOP went whining to SCOTUS and tried to get the PA Supreme Court ruling overturned. The result was that SCOTUS refused to hear the case, and they supported the ruling of the PA Supreme Court. The PA District map got redrawn in time to make a difference in the 2018 general election.

Democrats need to organize in every state where the Repukes have been secretly redistricting, and it's been happening just about everywhere.

asiliveandbreathe

(8,203 posts)
73. Just an FYI -
Thu Jun 27, 2019, 11:39 AM
Jun 2019

In most states, the state legislature draws the new districts, but some states have established redistricting commissions. Arizona, California, Colorado, Idaho, Michigan, and Washington use independent commissions to draw House districts, while Hawaii and New Jersey use "politician commissions" to draw House districts.

AZ is very interesting and went to SCOTUS - prop 106....the voters were not prohibited from adopting laws governing redistricting. - Brewer tried - to no avail....

Traildogbob

(8,716 posts)
81. Make it backfire
Thu Jun 27, 2019, 12:24 PM
Jun 2019

2020, if not already the only way to save democracy just got even more important. We must win everything in 2020 with massive turnout. The census is new in 2020 and if we control, then we draw OUR maps. McConnell has fucked democracy while raking in cash, he and his evil little ho. McConnell is an all out treasonous asshole. He needs to face the ultimate penalty for it. Video the event. MAGA!

dalton99a

(81,451 posts)
80. Since it is a political process, Democrats should play the same game
Thu Jun 27, 2019, 12:17 PM
Jun 2019

And gerrymander Republicans out of existence as much as possible and wherever they can

dlk

(11,552 posts)
84. It Will Take Congress Passing Anti-Gerrymandering Legislation
Thu Jun 27, 2019, 12:47 PM
Jun 2019

And it will take a Democratic President and Congress to pass it.

Kablooie

(18,625 posts)
86. So now Dems will have to...
Thu Jun 27, 2019, 12:57 PM
Jun 2019

Gerrymander the hell out of every jurisdiction they control if they want to remain a viable party.
SCOTUS is justifying corruption as the foundation of our nation now. You must rig the game in your own favor or you wont be able to remain in US politics.

Johnny2X2X

(19,038 posts)
88. Campaign issue
Thu Jun 27, 2019, 01:14 PM
Jun 2019

Our candidates need to turn this against the GOP by coming up with a plan to undo this and restore our Democracy. The people hate Jerrymandering. Get smart and come up with a plan and make it an issue.

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