Quote:
Originally Posted by Tyrone Slothrop
Not sure I agree with what I'm about to say, but I'm going to try it and see if it fits.
The country badly needs some kind of legal/procedural curb on partisan gerrymandering, now more so because information technology has made the problem worse, but there are no legal limits on partisan gerrymandering (setting civil rights issues aside) in the Constitution and it's not the courts' place to create a constitutional/legislative solution. There is no law or standard for the court's to apply here.
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You should add at the least "and the Executive is going to block such a standard, and Congress is unable to legislate on it, so we aren't going to get such a standard in the absence of courts stepping in."
As to the constitutional standard, I think some of it depends on whether you read any sort of "implied covenant of good faith" into the apportionment clause or the 14th amendment, and I'd argue the implications of such an obligation are particularly clear in the 14th amendment.
