National: How the Challenge to Legislative Redistricting in Evenwel v. Abbot Backfired | The Atlantic
If the Supreme Court were a stock market, the last few years have been as a bull market in conservative constitutional theories. With a tenuous but real 5-4 conservative majority in place, advocacy groups raced to get their pet theories before the Court. In some cases—campaign finance and gun rights, for example—the race paid off, producing 5-4 wins for radical shifts of doctrine. In others (think about public-employee unions) it has not. Bull markets tempt investors into unwise wagers. History, I suspect, will so regard the appellants in Evenwel v. Abbot, the “one-person-one-vote” (OPOV) case decided Monday. In Evenwel, the Court unanimously rejected an advocacy group’s invitation to throw American politics into turmoil, and in the process to shift power from immigrants to natives, from non-whites to whites, from young people to the aging, and, by coincidence, from the Democratic to the Republican Party. The needed votes, it now appears, were never there. The Court’s decision was unanimous; equally important, the majority opinion by Justice Ruth Bader Ginsburg attracted six of the Court’s eight justices, including Chief Justice John Roberts and Justice Anthony Kennedy. Even more importantly, the six-justice majority not only decided against the conservative theory, it made it much harder for advocates to pursue the conservative theory in future cases.