Supreme Court decides federal judges cannot block gerrymandering

From today’s CNBC Online:

The Supreme Court ruled Thursday that federal courts may not block gerrymandering in a 5-4 decision that fell along partisan lines.

The court also ruled, in a separate high-profile case decided Thursday, that the Trump administration’s reasoning for adding a citizenship question to the 2020 census was insufficient, effectively blocking the question for now.

On the final day of decisions before the court’s summer recess, Chief Justice John Roberts delivered the majority opinions of the court in both cases.

The closely watched case on a charged political matter comes in the midst of the 2020 presidential election. The decision was met with scorn by some Democrats running for president, including former vice president Joe Biden, and a sharp dissent from the liberal justices.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” Roberts wrote in the redistricting case. He said those asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.”

“Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions,” he wrote.

The court’s decision prompted a fierce reply from its liberal wing. Justice Elena Kagan wrote a dissent joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.

“Of all times to abandon the Court’s duty to declare the law, this was not the one,” Kagan wrote. “The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections.”

Read the complete article here.