Charles and Fuentes-Rohwer: “Dirty Thinking About Law and Democracy in Rucho v. Common Cause”

The New Guy Charles and Luis Fuentes-Rohwer piece in the ACS Supreme Court Review pulls no punches.:

Rucho is not an easy case to take seriously as doctrine. Chief Justice Roberts’s opinion is more redolent of a debater’s brief than a judicial opinion. Rucho deploys a series of arguments against the justiciability of political-gerrymandering claims, relying on no single argument and committed to nothing but the conclusion of non-justiciability. Critically, the opinion is an amalgam of misdirections, distortions, and less-than-pellucid thinking about the constitutionalization of political-gerrymandering claims. This is what the Court’s inexorable fealty to non-justiciability gets us.

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