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Maps in Four States Were Ruled Illegal Gerrymanders. They’re Being Used Anyway. (NYT)
A Supreme Court shift, frowning on changes close to elections, gives House Republicans a big advantage in November.I started this discussion here because the basis for the courts' rulings have been the unconstitutionality of the gerrymanders. But, the Supreme Court's conservative cabal has stepped in to prevent the courts from intervening for very partisan reasons. That is a very disturbing trend.Since January, judges in Alabama, Georgia, Louisiana and Ohio have found that Republican legislators illegally drew those states’ congressional maps along racial or partisan lines, or that a trial very likely would conclude that they did. In years past, judges who have reached similar findings have ordered new maps, or had an expert draw them, to ensure that coming elections were fair.
But a shift in election law philosophy at the Supreme Court, combined with a new aggressiveness among Republicans who drew the maps, has upended that model for the elections in November. This time, all four states are using the rejected maps, and questions about their legality for future elections will be hashed out in court later.
The immediate upshot, election experts say, is that Republicans almost certainly will gain more seats in midterm elections at a time when Democrats already are struggling to maintain their bare majority.
What the SCOTUS has done is more manipulative of the election process than even the Bush v. Gore abortion. That election had already been held. These elections have not, and will install Representatives in ways that directly harm the electorate and perpetuate illegality.
....“We’re seeing a revolution in courts’ willingness to allow elections to go forward under illegal or unconstitutional rules,” Richard L. Hasen, a professor at the U.C.L.A. School of Law and the director of its Safeguarding Democracy Project, said in an interview. “And that’s creating a situation in which states are getting one free illegal election before they have to change their rules.”
“It just so happens that the unexplained rules in election cases have a remarkable tendency to save Republicans and hurt Democrats,” said Steven I. Vladeck, a University of Texas law professor who addresses the issue in a forthcoming book, “The Shadow Docket.”
“It would be one thing if the court was giving us a compelling or even plausible explanation,” he added. “But the granting of a stay these days is often done with no explanation at all.”