In 2019, the Supreme Court ruled along political lines that it could not review disputes over partisan gerrymandering. The conservatives in Rucho v. Common Cause insisted that the question of how state legislatures draw their maps is a “political” question and thus “nonjusticiable” by the Court.
The truth is more that the Court silenced the Constitution and set our democracy on a destructive course. As Justice Kagan wrote in the liberals’ dissent, the Court had “encouraged a politics of polarization and dysfunction.” The resulting “unchecked” gerrymanders, she warned, “may irreparably damage our system of government.”
