To the editor: Contributing author Erwin Chemerinsky’s latest op-ed ought to be required studying for all who help our constitutional democracy (“The Supreme Court docket’s 3 horrible causes for permitting Texas’ racially rigged map,” Dec. 5).
There are such a lot of issues fallacious with the Supreme Court docket’s blocking of the decrease court docket’s reasoned opinion that dominated the Texas redistricting map unconstitutional. As Chemerinsky factors out, the three causes given by the Supreme Court docket in its unsigned opinion are blatant sophistry and lead to successfully making it not possible for anybody to problem a legislature’s motion in redistricting anytime upfront of a midterm congressional election.
What’s extra, this determination comes from the court docket’s “shadow docket,” which means it’s rendered with out briefing or oral argument — however nonetheless offers a inexperienced gentle to the challenged redistricting map for this upcoming election.
The rationale {that a} map drawn for purely partisan political functions could be constitutionally permissible is gorgeous. In 2019, in Rucho vs. Widespread Trigger, Chief Justice John Roberts (in upholding a redistricting map) wrote: “Extreme partisanship in districting results in outcomes that moderately appear unjust. However the truth that such gerrymandering is ‘incompatible with democratic ideas’ doesn’t imply that the answer lies with the federal judiciary.” However that is the place we’re.
James Stiven, Cardiff
This author is a retired U.S. Justice of the Peace choose.
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To the editor: Chemerinsky is outraged that Texas is allowed to redraw its congressional maps, that are designed to elect 5 extra Republicans to the Home of Representatives. Wouldn’t it be correct to ban Texas from doing this after California has already discovered authorized avenues to do one thing comparable? I’m unsure how all states will be pressured to attract districts which can be affordable and honest, however Chemerinsky appears to lament the gerrymandering apply in Texas with out mentioning complaints when it occurs in California.
David Waldowski, Laguna Woods
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To the editor: Though Chemerinsky precisely describes the Supreme Court docket’s said causes for the choice, the precise rationale was in all probability way more cynical.
First, Texas racially rigged its election district maps to favor Trump within the midterms. Second, California rigged its personal maps in response, however did it higher by placing it to statewide vote. Lastly, the Texas stunt acquired challenged in court docket on strong constitutional grounds and seemed prefer it would possibly lose, in order that the entire thing would possibly backfire towards our man President Trump. And, nicely, we will’t have that, can we?
Ronald Ellsworth, La Mesa
