Sep 13, 2017

U.S. Supreme Court Order on Gerrymanding Signals Bad Day for Wisconsin and Democracy

Madison, Wisconsin — The latest move by Justice Anthony Kennedy to consolidate Republican power over the Constitutional rights of voters in a Texas civil rights case bodes ill for the future of the potential precedent-setting Wisconsin gerrymandering case, (Gill v. Whitford, MortizLaw), (Beverly R. Gill, et al., Appellants v. William Whitford, U.S. Supreme Court).

Kennedy is the fifth vote in a mid-September order blocking two federal courts that ruled Republican-created Texas voting districts are racially discriminatory, (Abbott v. Perez, 17A225, and Abbott v. Perez, 17A245, U.S. Supreme Court).

The Texas case is widely seen as a signal that supposed-swing vote, Anthony Kennedy, will ignore Constitutional rights and find for Republican interests in Gill v. Whitford, to be heard in oral argument on Oct. 3.

Kennedy is the author of the infamous Citizens United v. Federal Election Commission decision that propelled Republican interests in a decision that rivaled Bush v. Gore in partisan favoritism and corruption on the United States Supreme Court.

"For those who expect Justice Kennedy to be a savior here—or in the Gill partisan gerrymandering case (where he also voted with the Court to stop an interim remedy in Wisconsin pending Supreme Court resolution)—this is one data point against that hope," notes election law expert, Rick Hasen.

See also Foley at MoritzLaw and the Sept. 5 Amicus brief by the League of Women Voters on "high-tech stealth gerrymander[ing], (p24)" that utilizes "sophisticated technologies" enabling legislatures to "cloak intentional, extreme partisan gerrymander, (p.3)."

Kennedy will likely ignore this cloaked, high-tech element of modern gerrymandering when Kennedy supplies the fifth vote for Republicans in 2018 in the ornate scam that defines modern Constitutional jurisprudence.

Could Kennedy be seized by a spasm of conscience? Ha.

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