Re:Ugly Gerry – Gerrymandering font
by mannerheim on Thursday January 26, 2023 @08:57AM
(#34531629)
I'm saying that, like it or not, there's simply no legal basis for SCOTUS to ban gerrymandering if gerrymandering isn't illegal.
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Yeah, the check on the legislature for this kind of thing isn't the courts but the Constitution. Maybe we'll see an amendment in our lifetime.
Re:Ugly Gerry – Gerrymandering font
by mannerheim on Thursday January 26, 2023 @10:25AM
(#34532821)
I don't think an amendment would be necessary. Congress has the power to do so without it.
Re:Ugly Gerry – Gerrymandering font
by crazygringo on Thursday January 26, 2023 @12:01PM
(#34534510)
Correct, but with an amendment, Congress couldn't change its mind later.
Why would the legislatures that gerrymandered themselves in amend the constitution to ban this practice?
Waiting for a constitutional amendment on anything in this century is like waiting for Santa Claus. He's not coming.
Re:Ugly Gerry – Gerrymandering font
by ModernMech on Thursday January 26, 2023 @10:23AM
(#34532786)
What you’re saying is true, but it’s not exactly the end of the story in our post Roe world. SCOTUS has proven they are willing to completely reverse their decisions absent a change in fact or law. If nothing changes except the partisan makeup of the court, then their decisions look partisan when they are reversed.
So when SCOTUS says they are bound by the law and Constitution to not make certain decisions, a lot of people now rightly ask: are they really? Because it seems that they can move with great alacrity to twist the law when it suits the political aims of their party.