William Baude Writes Additional Thoughts on Redistricting Remedies

The Constitutional State Legislature Doctrine

On Tuesday, Michael McConnell and I published a piece in The Atlantic about the Supreme Court's pending case of Moore v. Harper, currently headlined The Supreme Court Has A Perfectly Good Option in Its Most Divisive Case.

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Now, if you agree with our core points (which would be great) there is much more to say about how to approach the remedy when a legislature draws a legally impermissible map. Some have pointed to a recent redistricting standoff in Ohio, others to the many decades in which the Minnesota legislature has apparently refused to draw maps, happy to let the courts do the hard work.

I think it might be premature to get into these weeds, and I certainly can't speak for my co-author about any of this. But I thought I'd offer a few modest observations for now.

Read more at The Volokh Conspiracy

The judiciary