The Supreme Court is allowing California to use its new congressional map for this year’s midterm election, clearing the way for the state’s gerrymandered districts as Democrats and Republicans continue their fight for control of the U.S. House of Representatives.
The state’s voters approved the redistricting plan last year as a Democratic counterresponse to Texas’ new GOP-friendly map, which President Trump pushed for to help Republicans hold on to their narrow majority in the House.
And in an unsigned order released Wednesday, the high court’s majority denied an emergency request by the California’s Republican Party to block the redistricting plan. The state’s GOP argued that the map violated the U.S. Constitution because its creation was mainly driven by race, not partisan politics. A lower federal court rejected that claim.
Roberts and Gorsuch aren’t obsessed with winning every short-game match up. They need gerrymandering to be legal in the abstract and for the long term. If they start trying to thread the needle between California and Texas, they give the lower courts more opportunities to overturn maps in Republican states and a future SCOTUS more elbow room to overturn their whole reading of legislative maps.
In a wave year where Republicans are likely getting swamped out of dozens of seats anyway, there’s very little to gain and a lot to lose by creating an exception to the rule on when gerrymandering is legal.
The Roberts SCOTUS has already given any future SCOTUS ample precedent for utterly ignoring previous rulings as it suits their partisan needs several times over. If they think this one somehow stands separate from anything else it’s laughable.