Yglesias did have a point about this. Racial gerrymandering was a problem pre civil rights because both parties had ways to bar blacks from running and so black people had no way to be represented in the system. So racial gerrymandering was a way to give minorities representation.
That fear has subsided now that Democrats (and I guess in theory Republicans) don’t really have a problem with running or electing black people.
Of course it’s a related problem of what just normal gerrymandering does, which is what you say.
Supreme Court Justice Clarence Thomas issued a strong rebuke of the Brown v. Board of Education ruling on Thursday, suggesting the court overreached its authority in the landmark decision that banned separating schoolchildren by race.
Can someone explain to me like I’m a child the insane idea that gerrymandering is ok as long as it’s partisan? I’ve listened to dozens of podcasts on the topic and never had any make a case why this idea makes sense logically or historically. It has to be top three dumbest US political ideas and that is saying something.
Dems are in on it in the sense they want the same outcome. It is the only explanation you have to eventually come to that explains their action (or inaction).
Gerrymandering based on a suspect classification, such as race, is a matter of equal protection and is subject to the judicial standard of strict scrutiny. Partisan gerrymandering need only satisfy a rational basis review, where you only need to be able to come with a hypothetical legitimate government interest, even if the actual intent is different and all the facts don’t support doing it that way.
Bad laws that lead to bad outcomes are not inherently unconstitutional.
The judges have their conclusions and go back and find reasoning to make their decisions.
It’s like religious nuts that point to the Bible for a reason they are against gay marriage, while conveniently ignoring all the parts of the Bible that talk about not being greedy and to love immigrants.
I get all that. What I am asking is when you are sitting in a law seminar what is the reason given for this logic? Obviously they are not teaching it’s all bullshit. What is the “legal logic” they pretend is real when arguing gerrymandering is fine if only partisan.