Court Won’t Hear Texas Redistricting Case; Bad News for Vieth Plaintiffs?

The Supreme Court refused to hear the case involving the re-redistricting in Texas. See this A.P. report. Here is the order list.
This was a summary affirmance, without any opinion or dissents, which is authority that the lower court reached the right result, but not necessarily for the right reasons.
IMPORTANT UPDATE AND CLARIFICATION: Apparently, the Texas redistricting appeal here was only on the question of Section 5 preclearance, and NOT on the partisan gerrymandering claim. If that is indeed correct, my analysis in the next (now bracketed) paragraph is incorrect (except the part that we may see an opinion this week in the Pennsylvania case.) Thanks to two readers for writing quickly to let me correct my error.
[What does this mean for the pending Vieth case (the partisan redistricting case out of Pennsylvania)? I can’t see this as good news for plaintiffs. If Vieth was going to breathe new life into partisan gerrymandering claims, as plaintiffs requested, a more likely remedy in the Texas case would have been to send the case back to the lower court for reconsideration in light of the new standard.]
We may see an opinion in Vieth as early as tomorrow. I had been predicting an opinion in March or April. (Of course, I was wrong about when the BCRA opinion would issue, predicting the end of October when it in fact came out in December.)

Share this: