The Columbus Dispatch

Justices wind down without definitive gerrymande­ring action

- By Mark Sherman and Jessica Gresko

WASHINGTON — The Supreme Court passed up new opportunit­ies Monday to take on two hot topics — partisan gerrymande­ring and balancing LGBT and religious rights — and also left rulings about the Trump travel ban and other big cases for coming days as it began the final week of its term.

With the conservati­ve justices in the majority in two 5-4 decisions, the court resolved two outstandin­g cases — ruling in favor of Texas electoral districts that a lower court had struck down as racially discrimina­tory and American Express in an antitrust dispute with states over the company’s rules prohibitin­g merchants from steering consumers to other credit cards that charge lower fees.

The court also refused to hear an appeal from a teenager who was convicted of rape and murder, and whose story was documented in the Netflix series “Making a Murderer.”

Here’s a closer look at what the Supreme Court did Monday: appeal from a baker who wouldn’t make a wedding cake for a gay couple. It’s not clear that either case will turn out differentl­y, and both could return to the Supreme Court quickly, perhaps in time for the term that begins in October.

A different kind of gerrymande­ring, using race, was at issue in the ruling upholding all but one state House district in Texas. The case was unusual because the districts at issue were adopted by a court on an interim basis as part of a discrimina­tion lawsuit, then approved by the state legislatur­e in what it said was an effort to end the litigation. That same court then determined that the districts were tainted by intentiona­l discrimina­tion or relied too heavily on race.

Justice Samuel Alito wrote for the court’s conservati­ves that the lower court made a mistake by not giving enough weight to the legislatur­e’s stated intent to end the lawsuit and instead demanding that the state prove it was not discrimina­ting against minority voters. Justice Sonia Sotomayor wrote in her dissent that challenged districts “burden the rights of minority voters.”

There was no comment from the court in rejecting an appeal from Brendan Dassey, who was 16 years old when he confessed to Wisconsin authoritie­s that he had joined his uncle in raping and murdering photograph­er Teresa Halbach before burning her body in a bonfire. Dassey’s story was documented in the Netflix series “Making a Murderer.”

Dassey’s attorneys had argued that he is borderline intellectu­ally disabled and was manipulate­d by experience­d police officers into accepting their story of how Halbach’s murder happened. They wanted his confession thrown out and a new trial ordered. Dassey’s attorney Lara Nirider said she’ll continue trying to win him a new trial.

The court returns to the bench Tuesday morning to decide some, but not all, of the four remaining cases. The legal challenge to President Donald Trump’s travel ban on visitors from five mainly Muslim countries is the biggest case pending. The policy’s opponents want the court to strike it down, arguing it’s the product of bias against Muslims or exceeds the president’s authority under immigratio­n law, an issue that has been hotly debated since Trump took office. But the justices allowed the ban to take full effect in December, even as the legal fight played out in the courts and several lower courts found fault with the ban.

Two other cases involve whether government workers who don’t want to join the labor unions that represent them in collective bargaining still have to pay fees to the unions and whether states can require anti-abortion crisispreg­nancy centers to provide informatio­n about abortion. The justices also are weighing a dispute over water between Florida and Georgia.

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