In one of two decisions issued this morning, the Supreme Court come's within a hair's breadth of overturning Davis v. Bandemer. Four Justices -- Scalia, Thomas, Rehnquist and O'Connor -- were ready to hold all claims of partisan gerrymandering to be nonjusticiable. Justice Kennedy, while rejecting the challenge to Pennsylvania's gerrymandered Congressional districts, refused to go along for that part of Justice Scalia's opinion. SCOTUSBlog has a post here; AP story is here. More after reading and digesting the opinion.

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Posted by Juan Non-Volokh to The Volokh Conspiracy at 4/28/2004 08:03:15 AM
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