Courting judicial overreach

North Carolina is one of six states facing uncertainty as to how federal court influence could change traditional procedures through which district maps — Congressional and state legislative — are drawn or re-drawn.

The outlook for 2018 is that no significant upheaval looms in our state, owed to the U.S. Supreme Court’s restraint in weighing in on lawsuits related to map redrawing with a mid-term election approaching. Yet, in three other states, SCOTUS rulings are expected to complicate voting dynamics in the short term.

This is but the calm before the storm. Writes NPR’s Domenico Montanaro: “By June, the U.S. Supreme Court is likely to decide three major redistricting cases — out of Wisconsin, Maryland and Texas — that will lay some of the foundation for what the maps will look like, not just this year, but after the 2020 census that could affect control of Congress for the next decade.”

Democrats are convinced that activist judges can help them dominate gerrymandering into perpetuity. Courts are increasingly seen as willing policymakers by the left.

The Wall Street Journal, in a February 21 editorial, forecasts the ominous trend:

While the U.S. Supreme Court has held that partisan gerrymanders may violate the U.S. Constitution, it has been unable to articulate a precise legal standard. Democrats are now trying to tempt the Supreme Court into intervening in the intrinsically political redistricting process with social-science methodology that purportedly measures proper representation.

The Pennsylvania Supreme Court recently not only was tempted, but defiantly struck down, with a 5-2 liberal majority, a Congressional map drawn by that state’s GOP legislature in 2011. “With the help of Stanford University law professor Nathan Persily they drafted their own new map (Feb. 19) for use in the May primaries after (Democrat) Governor (Tom Wolf) and the legislature failed to agree,” The Wall Street Journal explained.

And what does Pennsylvania portend? Writes the Journal editorial board:

Pennsylvania will be the future in every state if the Justices decide that judges should be redistricting kings.



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