Gerrymandering Congressional Districts

     In a decision about gerrymandering (redrawing district maps that favor specific political parties), the court ruled today that this issue does not belong in the federal court system. They consider it a local political problem and the court does not belong in politics (haha).

     Make no mistake that this can be a problem for us and our congressional districts if it is not resolved. But, our country is very fluid, so while one party may gain favor in a particular district, they can eventually lose that favor.

     The dissent for the four liberals, Justice Elena Kagan wrote, “For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities.” I am not sure that this is the first time the court refused to make a decision, that statement is somewhat inaccurate.

     Kagan stated “judicial capabilities”; however, just because the court might be capable, it does not mean that they should. We litigate way too much at the Supreme Court when, in reality, most of these issues should be resolved at the legislative level. Similarly, just because a law says that you “can” do something does not mean that you should. But that is for another day.

     The Judicial Branch of the United States is covered under Article III (Sections 1-2) of the constitution. It is the shortest outline of the three branches in the Constitution. Some argue that this was intentional as formulated by the Founding Fathers. [The Legislative Branch, i.e. Congress, has the largest description but the way.)

     It is possible that the court had jurisdiction to make this case per Article IV, Section 4; but that is a loose possibility. The electoral process actually falls to the Secretaries of State for the preponderance of our 50 states, so it is most probable that issues with gerrymandering belong, at best, in individual State Supreme Courts.