Here's the opinion. There's a long dissent by Kagan, joined by Sotomayor and Jackson, arguing for deference to the decision of the district court. Alito writes a concurring opinion, joined by Thomas and Gorsuch:
"[T]he clear-error standard of review does not apply here because the “‘trial court base[d] its findings upon a mistaken impression of applicable legal principles.’” Alexander v. South Carolina State Conference of the NAACP, 602 U. S. 1, 18 (2024). Because of the correlation between race and partisan preference, litigants can easily use claims of racial gerrymandering for partisan ends. Cooper v. Harris, 581 U. S. 285, 335 (2017) (ALITO, J., concurring in judgment in part and dissenting in part). To prevent this, our precedents place the burden on the challengers “to disentangle race and politics.” Alexander, 602 U. S., at 6. Thus, when the asserted reason for a map is political, it is critical for challengers to produce an alternative map that serves the State’s allegedly partisan aim just as well as the map the State adopted. Id., at 34; Easley v. Cromartie, 532 U. S. 234, 258 (2001). Although respondents’ experts could have easily produced such a map if that were possible, they did not, giving rise to a strong inference that the State’s map was indeed based on partisanship, not race. Neither the duration of the District Court’s hearing nor the length of its majority opinion provides an excuse for failing to apply the correct legal standards as set out clearly in our case law.

33 comments:
The Supreme Court does not 'allow' anything. The Supreme Court finds, or doesn't find, on the basis of the existing laws. The entire modern narrative on lawfare has been shaped by the journalists' perception that issues are placed before the Legal Branch as a form of permission-seeking. It is this concept that has given the lower courts the leeway to cause so much mischief. They have become big-headed.
..."failing to apply the correct legal standards as set out clearly in our case law..." Yeah. Do something about it already !
No one is deferring to district judge’s “fact finding” on important issues.
The majority treating those judges like Jim Crow juries
At this point I don't need to read Jackson's dissent to know what's in her head.
Pardon me Kagan's. I may read that after all.
From "Supreme Court allows Texas to use redistricting map challenged as racially discriminatory" (Scotusblog).
One thing I can see really quickly from this headline: Scotusblog are a bunch of lying scumbags.
The District court just made up their entire decision out of whole cloth in this case.
The dissent in that decision pointed out that the 2 democrat piece of shit judges who made that decision broke every ethical rule a judge can break because they knew they were lying pieces of shit.
"Thus, when the asserted reason for a map is political, it is critical for challengers to produce an alternative map that serves the State’s allegedly partisan aim just as well as the map the State adopted."
That's funny!
I detest gerrymandering, but with California grabbing 5 more seats, this decision was needed just to maintain the status quo. (I'm not saying that's why the SC did it, just noting the practical outcome.)
"Supreme Court allows Texas to use redistricting map challenged as racially discriminatory"
That's just great. EVERYBODY has "racism" on their bingo cards.
Neither the duration of the District Court’s hearing nor the length of its majority opinion provides an excuse for failing to apply the correct legal standards as set out clearly in our case law.
The 2 "Judges" who basically made up a giant load of horseshit in order to ignore the correct legal standards also held their ruling papers back from the dissenting Judge until they issued the ruling so he couldn't accurately dissent from the majority decision.
They did this knowing it would be harder for the dissenting judge to issue his dissent and make it harder for the Supreme court to overturn their decision.
And they knew they were going to get overturned. Everyone knew they would be overturned. The case law is clear.
It is shocking that the 3 liberal shitheads followed them in this.
Milligan was stayed by SCOTUS, despite later winning at SCOTUS, because the District Court handed down its PI 66 days before ballots needed to be mailed.
This lower court handed out its PI 60 days before ballots were to be mailed.
There was never teh slightest chance that an honest SCOTUS would allow a lower court to screw with the map this late in teh game.
The fact that the 3 lefties wanted to ignore all precedent tells you just how corrupt they are.
And the fact that the majority says nothing about Purcell, nothing about "it's too close to ballots going out", and instead says "there's no way we will uphold this crap decision", is a serious kick to the teeth of "judge" Brown.
Serious and well deserved, because the lower court decision is crap
So, Diversity (e g. racism) is divisive. Progress.
mccullough said...
No one is deferring to district judge’s “fact finding” on important issues.
You can't read, can you?
He was overturned because:
1: He got the LAW wrong, and gave the benefit of the doubt to the plaintiffs rather than the State (he said so, in his decision).
Higher courts revue the law de novo (that means they ignore what the lower court said about the law, and apply it as they think it should be applied)
2: Judge Brown admitted the fact that the plaintiffs didn't have a map, and made up excuses for them. SCOTUS said "you can't do that".
As they should
Next time, you should try actually knowing something before you post
Original Mike said...
"Thus, when the asserted reason for a map is political, it is critical for challengers to produce an alternative map that serves the State’s allegedly partisan aim just as well as the map the State adopted."
That's funny!
Can't challenge a map in court because it's a political gerrymander because SCOTUS ruled in 1985 that political gerrymanders are allowed (back when the vast majority were Dem), and follow on SCOTUSes have refused to overturn.
So plaintiffs could try to produce a map that meets the State's claimed criteria, but doesn't do to a preferred District what the State's map does. But if they did that, the State would almost assuredly say "cool, we'll use that one", and the plaintiffs lose, since what they really want is to stop the GOP political gerrymander.
Which they're not allowed to do.
Either that, or the State will point out all the ways the plaintiffs' map doesn't actually mean their legal criteria, and again the plaintiffs lose
Too bad there isn’t a ‘3 strikes and you’re out’ rule for being overturned at the Supreme Court. There might be more integrity at the Appeals Court if they want the lifetime job.
MAGA!
"But if they did that, the State would almost assuredly say "cool, we'll use that one","
Like I said; funny.
Texas Rs are not gerrymandering. They're undoing the gerrymandering done by Ds.
It is shocking that the 3 liberal shitheads followed them in this.
They’re there for different reasons and hoping to one day have a couple more like them join them. They’ll wait…
Wake me for Louisiana v Callais
It’s fair to assume we’ll be governed by their dissents and ruling like them should they one day have the numbers again. Let that be a warning to y’all
Is there ever an end to this insanity?
There needs to be some kind of federal.law, or constitutional amendment to direct the allocation of congressional districts.
The current situation is insane!
Along with @fredsays. I wish district court judges who were overruled 3 or 6 times were fired. If you can’t get your job right, go do something else.
“Joe Bar said...
Is there ever an end to this insanity?“
Any system can be gamed, so just let it be.
Scotus has long held that states have the right to gerrymander. Blue states have done this to a large extent (and will do more in the future). Red states are starting to gerrymander because the RINOs are losing their jobs or fearing the same.
So now it is another constitutional crisis because the wrong people are doing what the right people were doing all along.
Did I miss anything?
The bullet that Donald Trump dodged was as nothing in comparison to the bullets we dodged with the various hoaxes against right-leaning Supreme Court justices.
Jane Mayer, you are an evil human being.
Alito says that racial gerrymandering is OK as long as you do it for partisan reasons. Maybe that’s been the law for 24 years per the 2001 precedent he cites. But I do wonder, if that standard were applied to the original cases for which the law was intended, would any legislative district have had to be redrawn?
I suspect not. And that’s an odd jurisprudence, that the civil rights law never meant what it said.
Greg, fuck off. You don’t know shit. A “finding” of racial discrimination was overturned for “legal reasons.” Bullshit. This is all made up bullshit. The majority of three judge district court panel could have “disentangled” the fact that blacks heavily vote Democrat, a “factual finding” that is now a legal conclusion, and still found “racism.” And that would have been rejected. It’s politics all the way down. There’s no Santa Clause, bro.
Can anyone look at the Congressional Black Caucus and think the Voting Rights Act is a good idea?
There are some embarrassing Republican reps, but the entire CBC is a fucking joke. Inept. Corrupt. Amos N Andy were less insulting to black Americans than the CBC
Basically, these District court judges ignored everything the SCOTUS had previously decided, and tried to help the Democrats by screwing up the R's redistricting on the eve of the primaries.
It was arrogant and crooked. The SCOTUS should have slapped them down harder. The SCOTUS makes rulings and in effect tells the lower courts, these are the guidelines. These district court judges deliberately ignored it. They aren't "Stupid". They aren't "confused". They did it deliberately.
I loved this zinger by the Conservative justices at the end of their opinion:
"Neither the duration of the District Court’s hearing nor the length of its majority opinion provides an excuse for failing to apply the correct legal standards as set out clearly in our case law."
In other words, 100 pages of bullshit is still bullshit.
The SCOTUS has ruled its OK to gerrymander for partisan advantage. Dont like it? Go talk to your representatives in Congress or the State legislature.
As the Justices write in their brief opinion, the plantiffs were obligated to provide a "corrected map" that would be racially non-discriminatory while increasing R votes. The whole basis of the lawsuit was these mean white Legislators hated blacks and browns and wanted to reduce their representation. Their "excuse" of increasing the number of R's was just a smokescreen.
Can you imagine how fucking leftwing insane this country would be if we had 5 Democrat SCOTUS judges? Imagine if Kagan was Chief Justice and we had 2 more "wise latinas" or Jackson's on the court!
Trump would be in jail right now.
BTW, Boasberg has just told Congress to fuck off. He's a Judge dammit, and he doesn't have to answer questions from Senators. Except, of course, he does. Thats why the Constitution allows impeachment. And congress has the power to establish the appeallete courts and their jurisidiction.
Whether the R senators, who secretly like Boasberg or don't care, will do anything about it is unclear. No doubt Grassley will write a very strong letter. And if that doesn't work, he will write another one.
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