January 18, 2019
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"There is, however, one caveat to any optimism that gerrymandering could be on the wane. Two years ago, in Arizona State Legislature v. Arizona Independent Redistricting Commission, the Supreme Court rejected a suit claiming that only state legislatures — and not independent redistricting commissions created by a ballot initiative — may draw legislative lines. Pennsylvania Republicans have argued, thus far unsuccessfully, that a similar argument should prevent state supreme courts from halting gerrymandering.
But Arizona State Legislature was a 5-4 decision, with retired Justice Anthony Kennedy casting the key fifth vote. There is a very real risk that Republican Brett Kavanaugh will disagree with Kennedy and provide the fifth vote to declare all of this progress against gerrymandering unconstitutional."*
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