The prospect of a progressive majority on the United States Supreme Court is certain to invite speculation about a possible reversal of the court’s widely disfavored Citizens United decision, blamed by many legal experts and commentators for unleashing a torrent of hefty and anonymous contributions from wealthy donors to dominate federal election spending.
It is hard to quarrel with the suggestion that Citizens United is a worthwhile target for reformers. But the possibility of review and reversal of another of the court’s conservative legacies looms even larger than Citizens United if measured by its potential impact on the quality of and function of our democracy. That dismal and unappreciated legacy is the court’s persistent refusal to effectively invalidate partisan gerrymanders of congressional districts under the Equal Protection Clause of the Fourteen Amendment.
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