I'm awfully pessimistic about the Roberts Court, so I think they could find some way to let Texas keep its gerrymander—for example, have to let it go ahead while it's litigated—but I bet approving TX's while striking down CA's is too much, even for them. Well, maybe not Alito, but for a majority.

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  1. SCOTUS has been chipping away at the Voting Rights Act for some time. Texas just gives them another chance to chip some more.

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  2. I'm awfully pessimistic about the Roberts Court

    In 2025 I cannot understand your POV. GOP SCOTUS is made up of awful people who not only will do awful things but who have ALREADY done awful things.

    Also - they're going to pervert the law and the constitution so Trump can get a 3rd term.

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  3. But there were 2 different redistricting systems--just a legislature enactment in TX, but a voter referendum in CA. Is there any history of striking referendum redistricting?

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  4. There was a clear path to letting the Texas gerrymander go forward while staying California's: The independent state legislature theory.

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  5. I can see the Court saying:

    Texas' new map can stay because it was done far enough from the election while California's can't because it's too close to the election.

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  6. It certainly helps that Texas went out of its way to say that it wasn‘t redistricting for partisan purposes, just redistricting to create majority-Hispanic districts. (Hoe generous of them.).

    My impression is that CA has been up front about partisan intent, which makes their plan more defensible.

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  7. I’d be surprised if they didn’t stay or strike down the CA one at this point. you start with alito and Thomas in the bag for any gop position. Hard to imagine John Roberts not interfering with voting or election stuff. 2 of the other 3 is not a high bar to clear. It will likely be 6-3.

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  8. I doubt they strike down California's map but I could see them fast tracking a Texas case and letting them use their map while slow rolling CA while a stay is in place and eventually ruling it's fine but too late to use for 2026.

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  9. maybe too much for Sammy (though I doubt it), definitely not for Clancy. perfect for Johnny's shadow docket.

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  10. Roberts doesn’t believe racial gerrymandering exists. There is only partisan gerrymandering that has the incidental but totally legal and very cool effect of increasing white voting power at the expense of minority voting power.

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  11. I distinctly remember that a few years back (before the Trump nominations), in the same term, they determined that when a red state imposed lying about abortion to doctors, it's legitimate government interest 1/2

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  12. They're fighting a supernatural battle against Satan, so yeah they'll find a way to justify literally anything in service of that.

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