Thanks Ants. Can you direct me to the Kennedy judgment or the section that you’re referring to?
As I read the most recent case, it was more a case of the SC handing the matter back to either Congress or the relevant state houses to legislate on before the Court would involve itself? Have I misread it, perhaps?
I don’t mind the court punting it. America is really odd in constantly looking for the courts to solve issues. The legislature is there to legislate not the courts. I know America gets in gridlock over key issues, but so many of there problems could be solved with good policy.
I think this article sums it up (based on the first paragraphs I actually read! )
This was already in the states hands, and congress can’t get involved. Under the US constitution, each state can set its own boundaries on districts (both for state and federal levels). People have been using the Federal court system to challenge some gerrymandered maps on the basis that they breach the US constitution (the equal protection clause in the first amendment).
What this decision does is says that although it probably does, the federal court system can’t intervene (because reasons that are stupid (or possibly made up)). As this is an area under states’ control, congress can’t intervene. So the only recourse is the state systems, and of course given these are Republican controlled states, the whole point was to find away around the fact they controlled this and gamed the system to keep themselves in power.
There may be some potential via special ballot box initiatives, but the capacity to do that varies state by state (and requires locals to push it).