Wednesday, April 28, 2004

Almost no claim can be made for political gerrymandering

Today, in Vieth v. Jubelirer, the U.S. Supreme Court affirmed dismissal of the political gerrymandering challenge to the reapportionment of the congressional districts in Pennsylvania. The opinion was sort of 4-1-4, with Justices Scalia joined by Rehnquist, Thomas, and O'Connor holding that the claim is never justiciable, Justice Kennedy agreeing with the dismissal but not willing to say never, and the rest dissenting.

Justice Scalia, I have thought, is particularly suspicious of claims about politics - including patronage-based employment claims. I once quoted something he said to the effect that Elrod v. Burns was maybe a bad idea - which citation got me absolutely nowhere.

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