Marcia Coyle: Kennedy's Retirement Was Gerrymandering Game Changer
"Justice Kennedy had always held the door open in prior partisan gerrymandering cases" to allowing the court to craft—what would remain elusive—a standard, Marcia Coyle says on the PBS "NewsHour."
June 28, 2019 at 11:01 AM
2 minute read
The U.S. Supreme Court for years had struggled with where and how to draw a line limiting the power of state lawmakers to draw election maps benefiting one political party over another. In a 2004 dispute, then-Justice Anthony Kennedy suggested “in another case a standard might emerge” showing how partisanship in redistricting fan afoul of constitutional rights.
Yet, any standard proved elusive—and the Supreme Court on Thursday appeared to throw up its hands.
Marcia Coyle, the National Law Journal's senior Washington correspondent, appeared on the PBS “NewsHour” to talk about how the court resolved the latest gerrymandering case. The court, led by Chief Justice John Roberts Jr., said federal judges should play no role in deciding partisan gerrymanders.
“Justice Kennedy had always held the door open in prior partisan gerrymandering cases for the possibility that the court would find a manageable standard that courts could use,” Coyle told “NewsHour” host Jeffrey Brown. “But with his retirement from the court and his replacement with Justice Brett Kavanaugh, who joined the majority today in basically closing the door on these challenges, that did make a difference.”
Watch the full video above, or read the transcript here.
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