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.


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