Today’s Supreme Court order list makes no mention of the Texas redistricting cases, which have been relisted yet again. There are two more conferences scheduled for this year, then a four week break. Could it be that these cases will await the vote of a new Justice? Most likely the cases are being relisted as one of the four Vieth dissenters prepares a dissent from a summary affirmance in this case. The delay makes it less likely that Justice Kennedy sees this case as the vehicle for setting forth a reinvigorated partisan gerrymandering test, as he (along with the four Vieth dissenters) likely would have already voted to set the case for argument.