The long-awaited U.S. Supreme Court review of the Tom Delay-orchestrated re-redistricting of Texas congressional districts finally came down today, and a splintered Court continued its recent habit of disarray on redistricting principles. It’s clear a sizeable majority of the Court has decided that mid-decade reversals of redistricting plans are not barred by the federal constitutution, and a less-sizeable majority refuses to consider re-redistricting as grounds for strong suspicion that illicit political gerrymandering has occurred. But the Court appears to be all over the place, as it has been for more than a decade, in determining when if ever political gerrymandering can violate the Constitution. Meanwhile, a 5-4 majority of the Court ruled than one of the districts in the DeLay Map violates the Voting Right Act as a straightforward dilution of Hispanic voting strength. But the decision about how to deal with it was dumped back to a District Court in Texas, which must now decide whether there is anything they can do about it between now and November. Obviously, fixing one district could affect many others. You have to try, as I did, to slog through the whole 132 pages of concurring and dissenting opinions to see how divided and tentative the Court is on this whole subject. I’m no fancified constitutional or elections lawyer, and praise the Lord I left behind this sort of preoccupation when I decided to go into politics, but still, you don’t have to put “Esquire” after your signature to figure out when the Supremes are a herd of kitty-cats. More troubling is the fact that the ruling on re-redistricting may not get the attention it deserves in political circles because it’s becoming moot for this particular decade.Looking back, Republicans got away with re-redistrictings in Texas and Georgia. Democrats tried to retaliate in Ohio and Florida, but the former effort failed dismally last year at the ballot box, while the latter foundered in the Florida courts (it could possibly be revived and placed on the ballot in 2008, but that’s awfully close to the next regularly scheduled redistricting anyway). A Republican-backed California re-redistricting measure also failed last year, but that was a bit of a special case, since it was poorly designed, and in any event was backed by a lot of non-Republicans. But no one should forget that the one place in which a DeLay-style GOP partisan re-redistricting foundered was Colorado, for the simple reason that the state’s own constitution banned mid-decade redistricting. Looking ahead to the next decade, states should strongly consider emulating Colorado’s ban on the practice of overturning congressional and state legislative maps every time partisan control of state government solidifies or flips. No one can any longer foster the illusion that the U.S. Supreme Court will do anything to stop the madness.
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Editor’s Corner
By Ed Kilgore
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March 22: Ex-Democrat Tulsi Gabbard Can’t Decide Which Bad Ticket She Wants to Join
One of the odder phenomena of the 2024 presidential election is a certain 2020 Democratic candidate who has strayed very far since then. I took a look at her options at New York:
A month ago, when ex-Democratic congresswoman and 2020 presidential wannabe Tulsi Gabbard showed up at a Mar-a-Lago event, I wrote about the logic that could make her a highly unconventional but not entirely implausible 2024 running mate for Donald Trump. Once a major backer of Bernie Sanders, Gabbard’s trajectory toward MAGA-land has been steady since she left the Democratic Party in the fall of 2022, a main course she served up with a side dish of jarring candidate endorsements (e.g., of J.D. Vance). Even when she was still a Democrat running for president, though, her orientation was more MAGA-adjacent than you might expect, as Geoffrey Skelley explained in 2019:
“Gabbard’s supporters … are more likely to have backed President Trump in 2016, hold conservative views or identify as Republican compared to voters backing the other candidates. …
“In fact, Gabbard has become a bit of a conservative media darling in the primary, with conservative commentators like Ann Coulter and pro-Trump social media personalities like Mike Cernovich complimenting her for her foreign policy views. In a primary in which some 2020 Democratic contenders have boycotted Fox News, Gabbard has regularly appeared on the network. Just last week, Gabbard even did an exclusive interview with Breitbart News, a far-right political outlet. She’s also made appeals outside the political mainstream by going on The Joe Rogan Experience — one of the most popular podcasts in the country and a favored outlet for members of the Intellectual Dark Web, whose purveyors don’t fit neatly into political camps but generally criticize concepts such as political correctness and identity politics.”
So her parting blast at Democrats as controlled by an “elitist cabal of warmongers driven by cowardly wokeness” didn’t come out of nowhere.
But much as Gabbard might be an outside-the-box running mate for the 45th president, it does seem there is another 2024 presidential candidate whose extreme hostility to mainstream institutions and difficult-to-categorize views might make him a better match for her: Robert F. Kennedy Jr. And sure enough, according to NBC News, the wiggy anti-vaxxer is interested in Gabbard:
“The four-term former member of Congress from Hawaii is now getting consideration for both former President Donald Trump’s and independent presidential candidate Robert F. Kennedy Jr.’s tickets, two sources familiar with the candidates’ deliberations told NBC News.”
The prospect of choosing between these two politicians appears to have left Gabbard feeling she’s in the catbird seat:
“As one source said, Gabbard would be more likely to seriously consider running as Kennedy’s vice presidential nominee had she not been swept up by the possibility of serving with Trump. This person said Gabbard ‘was enticed’ by the chance of serving on Kennedy’s ticket but is now focused on the possibility that Trump will select her.
“’My understanding is that Tulsi is convinced that Trump is going to pick her,’ this person said. ‘Had that not been the case, she probably would have gone with Kennedy.’”
Since Kennedy has scheduled a running-mate reveal for March 26 in Oakland, we’ll know soon enough whether he chose Gabbard and Gabbard chose him. Others rumored to be on his short list include New York Jets quarterback Aaron Rodgers, former Minnesota governor Jesse Ventura, and California entrepreneur and major RFK Jr. donor Nicole Shanahan.
As NBC notes, it’s more than a bit unusual for people to be considered for multiple presidential tickets:
“[I]t’s exceedingly rare for a politician to attract interest from more than one presidential ticket or party. (Ahead of the 1952 election, Democrats and Republicans led dueling efforts to draft another politically ambiguous veteran, Dwight Eisenhower, the former supreme Allied commander in Europe during World War II, for the presidential race.)”
It’s hard to say what Tulsi Gabbard would think of this comparison. After all, Ike was a bit of a warmonger.