Will the Texas Redistricting Case, Likely to Be Decided By Supreme Court Next Week, End with Another Whimper Rather than a Bang?

I had thought that the partisan gerrymandering cases were going to end with a whimper rather than a bang, and that’s exactly what happened.

With thoughts that Justice Thomas or Alito likely have the opinion in the Texas redistricting cases (now much more likely Alito than Thomas), I had initially thought that was bad news for the plaintiffs.

But it could well be that this case too ends not with a major decision, but with a punt (as in Benisek) on the standards for issuing injunctions.

Here’s my earlier post, from after the Texas oral argument:


What is An Injunction? The Texas Redistricting Case at the Supreme Court and a Way to Duck the Merits

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