In an interview with the dean of Georgetown University Law School on Thursday, Supreme Court Justice Elena Kagan expressed her dismay with the Court’s recent decision regarding partisan gerrymandering, even going so far as saying that she will “never accept” the Court’s decision. In Rucho v. Common Cause, the majority held that partisan gerrymandering claims present political questions and are, therefore, beyond the reach of federal courts.

The Supreme Court issued two opinions with direct implications for redistricting this morning, on the last day of the October 2018 Term.  In a consolidated opinion for Rucho v. Common Cause and Lamone v. Benisek, the Court held that "partisan gerrymandering claims present political questions beyond the reach of the federal courts."  In Department of Commerce v. New York, the Court remanded the "census" case to the district court for further proceedings consistent with its rather confusing opinion that held both that it would be permissible for the the Department of Commerce to ask a question regarding citizenship on the census and that the Department did not provide an accurate reason for the question's inclusion.

Today, the Supreme Court heard oral arguments in Rucho v. Common Cause, a partisan gerrymandering claim against North Carolina's congressional map, and Lamone v. Benisek, a First Amendment retaliation partisan gerrymandering claim against one Maryland state legislative district.  Both cases were before the Court last term and were sent back to the district courts for further proceedings.  As in the past, today the justices continued to search for a justiciably manageable standard for considering partisan gerrymandering claims: