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I wrote this for my Huffington Post site here.
In short, I believe we have reached the point where it is clear that our current system of elections is arguably unconstitutional. It would take a tremendous effort to take a successful constitutional challenge to the Supreme Court. But, the Court itself has planted the seeds for such a challenge throughout its case law.
I published a commentary on the Supreme Court’s decision on 19 June to hear Gill v. Whitford (the latest partisan gerrymandering case) at HuffPost here.
The Supreme Court has lamented that there seems to be no clear formula for determining whether a redistricting plan constitutes a gerrymander. So, consultants and lawyers are now suggesting that they have found the holy grail of formulae.
There is no such formula. Worse than Macbeth’s “sound and fury…signifying nothing”, any such formula will be a quiet threat to democracy. It will promote even more litigation that is paid for by…tax dollars. Yet, elections will not improve.
We do need to stop the madness…