Mitchell Berman offers an oped in today’s Los Angeles Times, Putting Fairness on the Map. A snippet: “This difference between the Texas and Pennsylvania gerrymanders serves up precisely what the Vieth case didn’t: a judicially manageable standard. The court should declare that mid-decade redistricting is unconstitutional when adopted by a single-party-dominated legislature, unless narrowly tailored to achieve a compelling interest.”
For reasons I gave yesterday, I don’t expect Justice Kennedy to bite.