I have written this piece for Politico Magazine. It begins:
But Kennedy will not remain on the court forever, and the forceful counterarguments Scalia made in the redistricting and patronage cases could well win out in the long run if President Donald Trump gets to replace Kennedy—or any of the aging liberal members of the court—with another justice like Scalia, as he has promised to do. Scalia’s views were deeply influential among conservatives, who have followed his lead in only being concerned about incumbency protection when it comes to campaign finance.
If Scalia’s views ultimately prevail, the kind of brazen redistricting we’ve seen in states like Maryland, Wisconsin and North Carolina will become the new norm. So victory may come in for gerrymandering challengers in these cases in the short term, but in the long term, Scalia’s views may live on. On this question and many others, Scalia may be more influential in death than in life.