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Judges have no role in evaluating partisan gerrymandering, Supreme Court rules

There is no constitutional limit to the use of political muscle in drawing legislative boundaries to favor the party in power, the Supreme Court ruled on Thursday.

The decision is a landmark setback for those who view partisan gerrymandering as one of the biggest problems plaguing American democracy. Rather than work with new judicial tests for the limits lawmakers can go to in crafting congressional and state legislative district lines for partisan gain, advocates of redistricting reform will instead need to redouble their efforts to drain politics out of electoral mapmaking state by state.


Partisan gerrymandering claims present political questions "beyond the reach of the federal courts," Chief Justice John Roberts wrote for the 5-4 majority: "None of the proposed tests for evaluating partisan gerrymandering claims meets the need for a limited and precise standard that is judicially discernable and manageable."

The justices upheld congressional districts in North Carolina drawn by the GOP and in Maryland drawn by the Democrats. The ruling also casts in doubt decisions by lower federal courts this spring that held the Republican-dominated congressional maps in Ohio and Wisconsin were unconstitutional

The five conservative justices said that federal courts should defer to the will of state mapmakers because there exists no clear standard to determine when a map is so egregiously drawn in favor of one party that it violates the Constitution.

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The court's four liberal justices disagreed, saying the court was obligated to intervene in cases when the state's majority party has drawn a map for the purposes of maintaining power.

"For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities," Justice Elena Kagan wrote for the dissenters. "The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives."

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The Expand Democracy 5

The Expand Democracy 5

From Papal Conclaves to Congressional Seats: Lessons for a Healthier Democracy

Welcome to the latest edition of The Expand Democracy 5 from Rob Richie and Eveline Dowling. This week they delve into: (1) productive conversations across the aisle; (2) evolving partisan views on press freedom; (3) increasing US House size; (4) learning from rules for papal elections; and (5) the week’s timely links

In keeping with The Fulcrum’s mission to share ideas that help to repair our democracy and make it live and work in our everyday lives, we intend to publish The Expand Democracy 5 in The Fulcrum each Friday.

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Supreme Court Considers Eroding the Separation of Church and State in Public Schools

A cross with trees in the background

Supreme Court Considers Eroding the Separation of Church and State in Public Schools

WASHINGTON–After the state of Oklahoma contested the right of a Catholic organization to get state funding for a charter school, the Supreme Court is weighing whether the separation of church and state required by the Constitution justifies Oklahoma’s decision to keep charter schools secular.

The court heard arguments on Wednesday in Oklahoma Statewide Charter School Board v. Drummond, and its decision, expected in late June, could open the gates that separate the secular American education system from religion.

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Remote control in hand to change channels​.

Remote control in hand to change channels.

Getty Images, Stefano Madrigali

Late-Night Comedy: How Satire Became America’s Most Trusted News Source

A close friend of mine recently confessed to having stopped watching cable news altogether because it was causing him and his wife anxiety and dread. They began watching Jimmy Kimmel instead, saying the nightly news felt like "psychological warfare" on their mental state. "We want to know what's going on but can't handle the relentless doom and gloom every night," he told me.

Jimmy Kimmel, host of ABC's Jimmy Kimmel Live, seems to understand this shift. "A year ago, I would've said I'm hoping to show people who aren't paying attention to the news what's actually going on," he told Rolling Stone last month in an interview. "Now I see myself more as a place to scream."

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young girl pouring fresh juice or milk into cup sitting at table with classmates while eating lunch in school cafeteria.

Young girl pouring fresh juice or milk into cup sitting at table with classmates while eating lunch in school cafeteria.

Getty Images, SeventyFour

The Real Monster: Hunger in America’s Schools

Boo wasn’t afraid of monsters. In Monster, Inc., a popular Disney animated film, the wide-eyed, giggling little girl toddled fearlessly through a world of towering, furry creatures—completely unfazed by their fangs, claws, or booming voices. The only thing that scared her was Randall, the lurking, slithering villain who threatened her safety.

I once met a little girl just like Boo. She was about three years old, her hair tied up in tiny ponytails, her eyes filled with curiosity. At a food site I visited during my evaluation of the USDA’s Summer Food Service Program (SFSP), she struggled to climb onto the picnic bench, her small hands gripping the edge as she hoisted herself up. When she finally settled, she shared something no child should ever have to say: “When I stay with my dad, we don’t always eat lunch.”

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