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U.S. NEWS Wednesday 4 OctOber 2017

Analysis:
Kennedy is key to Supreme Court outcome on partisan maps

By MARK SHERMAN Representing Wisconsin,
Associated Press Misha Tseytlin urged the
WASHINGTON (AP) — In a court not to succumb to
case that could reshape the other side’s “scare tac-
American politics, the Su- tics about what will happen
preme Court appeared next.”People waited in line
split Tuesday on whether for hours for a chance to
Wisconsin Republicans view the argument on the
gave themselves an un- second day of the court’s
fair advantage when they term. Roberts turned down
drew political maps to last a request for live audio of
a decade. the argument.
If Justice Anthony Ken- The packed house includ-
nedy, whose vote almost ed former California Gov.
certainly controls the out- Arnold Schwarzenegger,
come, is prepared to join among a handful of promi-
his liberal colleagues, the nent Republicans who
court could rule for the first want the court to rein in
time that districting plans partisan redistricting.
that entrench one party’s The Supreme Court has
control of a legislature or never thrown out a po-
congressional delegation litical map because it is
can violate the constitu- Former California Gov. Arnold Schwarzenegger speaks at a rally outside the U.S. Supreme Court in too partisan. Courts have
tional rights of the other Washington, Tuesday, Oct. 3, 2017. The Supreme Court heard arguments in a case about political struck down districts as ra-
party’s voters. That could maps in Wisconsin that could affect elections across the country. cially biased for decades,
lead to changes in political (AP Photo/Manuel Balce Ceneta) and other partisan district-
maps across the country. with the hope of attracting can solve this problem just peared to favor the Dem- ing lawsuits are moving
While both parties seek Kennedy. He wrote in 2004 as democracy is about to ocratic voters who chal- through the courts in Mary-
maximum partisan advan- that he would be open to get worse,” Smith said. lenged the Wisconsin land and North Carolina.
tage when they can, Re- ruling for the challengers if “You paint a very dire pic- plan. Republicans who In Wisconsin, a lower court
publicans controlled more the court could be shown a ture,” Justice Samuel Alito controlled the legislature sifted through evidence
state governments after good way to measure and replied dryly. He seemed and the governor’s office showing that Republicans
the 2010 census and ag- manage excessively parti- unpersuaded. adopted electoral maps packed Democrats into
gressively used redistricting san districts. The conservative justices that have given them- some districts and spread
to lock in electoral advan- Paul Smith, the same law- were skeptical about strik- selves a significant advan- them out across others
tages to last for the next 10 yer who failed to get Ken- ing down the state’s map tage in the state Assembly to maximize gains for the
years. nedy’s vote and thus a or even involving courts in in a state that is otherwise GOP. In one analysis, Dem-
Kennedy suggested, as he majority 13 years ago, said the inherently political pro- roughly divided between ocrats captured far fewer
did in another redistricting technology and data anal- cess of redistricting. the parties. state Assembly seats even
case 13 years ago, that ysis had so improved since Chief Justice John Roberts Justice Ruth Bader Gins- when they won roughly the
courts perhaps could be then that there are good worried about involving the burg said that a decision same percentage of the
involved in placing limits ways to measure when one Supreme Court in a glut of upholding the Republican- statewide vote as Republi-
on extremely partisan elec- party gives itself an unfair partisan redistricting claims drawn districts in Wiscon- cans.The lower court con-
toral maps. edge in creating districts. that would follow if the Wis- sin would encourage one cluded that the districting
But he did not tip his hand Without the court’s inter- consin Democrats prevail. party’s lawmakers to stack plans were drawn to dis-
about whether the Wiscon- vention, Smith said on be- “We’ll have to decide in the deck against their op- criminate against Demo-
sin map that favors Repub- half of the Democratic every case whether the ponents when they control crats, the Republicans’
licans crossed a constitu- voters, the next round of Democrats win or the Re- the process and reduce advantage would endure
tional line. redistricting after the 2020 publicans win,” Roberts the number of legitimately even in the face of a strong
Throughout the session, the census will see far more ex- said, a scenario that he contested elections. Democratic showing at the
justices and lawyers alike treme partisan maps. said would damage the “What becomes of the pre- polls and the plans could
appeared to cast their “You are the only institution court’s credibility. cious right to vote?” she not be explained by other,
questions and remarks in the United States that The liberal justices ap- asked. non-partisan reasons.q