So suggests Mickey Kaus:
- Anti-gerrymandering reform lost in both California and Ohio. You might say it’s time to take the fight to the courts–and there are valid constitutional arguments to be made, along Baker v. Carr lines, against partisan or pro-incumbent gerrymanders. But isn’t it kind of difficult to argue that the courts need to intervene to make democracy fair after the voters, in a perfectly fair, non-gerrymandered state-wide election, have rejected the idea? This doesn’t seem like a case of minority rights, where the majority’s opinion shouldn’t count. The vast majority of California voters are denied the chance to cast an effective ballot because they live in manipulated districts where the incumbent can’t lose. They don’t seem to care! Who are judges to tell them they should?
In this sense, the pro-reform movement is arguably worse-off than if the voters had never been asked. …