No Standing in the Partisan Gerrymandering Cases
The Supreme Court today decided the partisan gerrymandering cases without reaching the merits. As I often tell my students, lower federal courts have to take standing doctrine seriously. The Court, by contrast, just uses standing as a tool to manage its docket or duck hard decisions when necessary.
Now we can focus on the real issue for the House of Representatives–our unconstitutional reapportionment process (coming out next month, I’m told).