The Supreme Court has never blocked a congressional map for being too politically partisan, although cases have frequently come before the panel on the issue.
WASHINGTON – President Donald Trump's two appointees to the Supreme Court suggested on Tuesday that partisan gerrymandering of congressional districts is already being solved by state action, a possible sign that the nation's top court, dominated by a 5-4 conservative majority, will not step into the matter.Justice Anthony Kennedy, whom Justice Brett Kavanaugh replaced on the court last year, had suggested that there may be room for a"workable standard" on the issue.
Kavanaugh said he was not going to dispute that partisan gerrymandering was a problem for democracy, but asked if"we really reached the moment" for the court to act. David Lewis, a member of the state's general assembly, has said that he proposed a 10-3 Republican advantage"because I do not believe it's possible to draw a map with 11 Republicans and two Democrats."
The justices heard a similar gerrymandering case in 2017, but ultimately dodged the central question. In a concurrence authored by Justice Elena Kagan and joined by other members of the court's liberal wing, Kagan suggested that courts would ultimately come up with a fix. But some of the court's liberals took issue with that argument. Justice Ruth Bader Ginsburg told Clement that he was making the same argument that had been used to argue against the one-person-one-vote rule that the court ultimately endorsed, and that no such wave of litigation resulted.
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