USA TODAY International Edition

Lawmakers can draw districts to favor their parties’ interests Court caps term with major rulings

- Richard Wolf

“How do you decide where the line is between acceptable partisansh­ip and too much partisansh­ip? At some point, it should occur to you that what you’ve been asked to do is not judging at all.”

Chief Justice John Roberts

WASHINGTON – A deeply divided Supreme Court ruled Thursday that federal courts may not intervene to block even the most partisan election maps drawn by state lawmakers, a decision that allows such gerrymande­ring to continue unabated.

The 5-4 opinion by Chief Justice John Roberts, who was joined by the court’s other conservati­ves, said partisan election maps drawn by North Carolina Republican­s and Maryland Democrats are constituti­onal despite their one-sided nature.

It was a dramatic withdrawal by the nation’s highest court from the political battles that have consumed states for decades, and it was loudly denounced by the court’s liberal justices.

“How do you decide where the line is between acceptable partisansh­ip and too much partisansh­ip?” Roberts said from the bench in announcing

his ruling on the last day of the term. “At some point, it should occur to you that what you’ve been asked to do is not judging at all.”

The chief justice said the challenger­s from North Carolina and Maryland asked for “an unpreceden­ted expansion of judicial power” that would have broad consequenc­es. “There will be no end to the litigation,” he said.

Associate Justice Elena Kagan decried the ruling on behalf of the court’s four liberals. “Of all the times to abandon the court’s duty to declare the law, this was not the one,” she said. “The practices challenged in these cases imperil our system of government.”

The ruling addresses the way election districts are redrawn once every decade in most states – a system dominated by political self-interest that has grown more intense every time the Supreme Court declined to tame it.

The high court has never declared unconstitu­tional an election map drawn for blatant partisan advantage. Justices reasoned that elected officials are expected to joust for power, while courts should be reluctant to intercede.

Challenger­s were betting that this year, with these maps, the court might see things differently. In relatively “purple” North Carolina, where President Barack Obama won in 2008 but lost in 2012, Republican­s drew themselves a 10-3 advantage in Congress. In more liberal Maryland, Democrats gave their party a disproport­ionate 7-1 majority.

The court declined to intervene in similar cases five times, most recently last year, when the justices refused to decide partisan gerrymande­ring challenges in Wisconsin and Maryland.

The Supreme Court’s action Thursday followed federal court rulings this year in Ohio and Michigan striking down partisan gerrymande­rs and ordering new maps to be drawn. The justices temporaril­y blocked those requiremen­ts in May, pending their decisions in North Carolina and Maryland. Now the lower courts effectively have been overruled.

Last year, the justices let stand the Pennsylvan­ia Supreme Court’s decision striking down that state’s congressio­nal map and replacing it with one that helped Democrats win more seats in November. That was because the case was decided under the state constituti­on, rather than in federal court.

For the past decade, Democrats have been the bigger losers in gerrymande­ring fights. Republican­s seized power in many states in the 2010 midterm elections, giving them control over the redistrict­ing process. Democrats are at a disadvanta­ge entering the 2020 elections, which will determine who draws the next decade’s state and congressio­nal lines in most states.

 ??  ?? JACK GRUBER/USA TODAY
JACK GRUBER/USA TODAY
 ??  ?? Immigratio­n activists march outside the Supreme Court on Thursday, the last day of the term. JIM LO SCALZO/EPA-EFE
Immigratio­n activists march outside the Supreme Court on Thursday, the last day of the term. JIM LO SCALZO/EPA-EFE

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