Florida: Judge takes on gerrymandering; sets stage for Supreme Court cases in fall | The Washington Post
About 10 years ago, the justices of the Supreme Court took a good, hard look at the way politicians bend, tweak and manipulate electoral boundaries in order to protect themselves and punish their enemies — and threw in the towel. The Constitution, Justice Antonin Scalia wrote for a plurality in Vieth v. Jubelirer , does not provide “a judicially enforceable limit on the political considerations that the states and Congress may take into account when districting.” In other words, politics is politics. It’s the court’s duty to decide what the law is, Scalia said, but sometimes the answer is that it is none of the court’s business. Scalia acknowledged that the Supreme Court had previously ruled otherwise. But “18 years of essentially pointless litigation” had convinced Scalia and others on the court that it was impossible to come up with a test to decide when partisan gerrymandering amounted to a constitutional violation. The political parties have been running through that green light ever since.