If I told you Florida has 250,000 more
registered Democrats than Republicans, but that the state Legislature has 73
Republicans and only 47 Democrats, would you be intrigued enough to ask why?
Even Chief Justice Roberts thinks you would, but last week he and the four other
conservatives in the Supreme Court decided there is nothing they can do about
it.
Fifty years ago I probably would have
agreed with them.
The whole answer is more complicated,
but the simple answer is, of course, “gerrymandering.” The Republican lawmakers,
being the majority, can draw election districts any way they want, and as
long as they can do that, there will never be enough Democratic lawmakers to stop them from putting Democratic voters, in districts that overwhelmingly
favor Democrats anyway – and keeping them out of districts where they could
make a Republican seat competitive.
The Chief Justice says gerrymandering is
almost as old as the republic (correct) and that the Constitution doesn’t give
the courts any license to stop it. (You won’t find anyplace in the Constitution
where it says the courts can act if a president suffering from the
Dunning-Kruger effect decides to ignore Congress and the courts and govern by
fiat, either.)
Anyhow, Justice Elena Kagan, writing
for herself and the other liberals, dissented, and in the dissent she nailed a
point that: a) the Chief
completely missed, b) is the reason I don’t agree with the Court
now as I once might have. I'll let her make the point in
her own words after the break: