After Brnovich v. DNC: Will SCOTUS eventually declare Section 2 unconstitutional? (user search)
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  After Brnovich v. DNC: Will SCOTUS eventually declare Section 2 unconstitutional? (search mode)
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Poll
Question: Will SCOTUS eventually kill Section 2?
#1
Yes
 
#2
No
 
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Partisan results

Total Voters: 7

Author Topic: After Brnovich v. DNC: Will SCOTUS eventually declare Section 2 unconstitutional?  (Read 4438 times)
Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
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Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

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« on: June 29, 2021, 05:45:10 PM »

Does ERM also know that in this worst-case scenario that Democrats can also go nuts with gerrymandering? I can see them getting rid of every single Republican in NY.
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
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*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #1 on: June 29, 2021, 05:54:26 PM »

Does ERM also know that in this worst-case scenario that Democrats can also go nuts with gerrymandering? I can see them getting rid of every single Republican in NY.
Even if Democrats could gerrymander far more seats, the loss of VRA districts in GOP states would be too much for even aggressive Democratic gerrymandering to overcome.

HAHAHAHAHAHAHA!

Oh no, Dems lose AL, MS, SC... The Democrats can get rid of 8 Republican seats in NY. One or two in IL, One in OR, and the "nonpartisan" commission in CA will certainly nuke a few of their own.
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
Atlas Icon
*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #2 on: June 29, 2021, 06:18:18 PM »

Does ERM also know that in this worst-case scenario that Democrats can also go nuts with gerrymandering? I can see them getting rid of every single Republican in NY.
Even if Democrats could gerrymander far more seats, the loss of VRA districts in GOP states would be too much for even aggressive Democratic gerrymandering to overcome.

HAHAHAHAHAHAHA!

Oh no, Dems lose AL, MS, SC... The Democrats can get rid of 8 Republican seats in NY. One or two in IL, One in OR, and the "nonpartisan" commission in CA will certainly nuke a few of their own.
Democrats would lose too many seats in FL, TX, and GA. Louisville, KY gets cracked. MO gets 8R-0D, TN gets 9R-0D. I doubt 52D-0R in CA, 26D-0R in NY, and 17D-0R in IL can overcome that.

St. Louis is too risky to crack, because the districts required to do so would end up being swingy. They'll gut the KC district, but 7-1 is much more likely. As with TN, Cohen will likely stay while Cooper is cut. FL and TX are already Gerrymandered to the extreme, so only 2 or 3 will cut in those states. The thing is, there isn't that much will in these states to do that.
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
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*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #3 on: June 29, 2021, 08:10:31 PM »

Well you have to weigh the political considerations. The 8-0 map will drive Dem turnout and give them something to point at proving the point of 'anti-democracy republicans'. The fallout from letting Cori Bush have her small district is much smaller.
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
Atlas Icon
*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #4 on: June 29, 2021, 09:21:59 PM »

As somebody who hasn’t been following this case: Is there any chance that the VRA districts actually get struck down, or is it just dooming about something not relevant to the case?
It’s just dooming about something not relevant to the case. This is a case about what standard courts are to apply to voter denial claims under Section 2 of the VRA. Voter dilution claims (I.e. redistricting) are a separate question with its own distinct body of case law where the Court has grappled with standards and tests, etc. I take it that ERM64man thinks that the Court will use this opportunity to strike down all of Section 2 as unconstitutional or something, and he doesn’t seem interested in hearing why that’s not how this works.

I take it ERM is not a lawyer. The court will not strike something down just because it can. Most supreme court justices oppose Obamacare. Yet it stood in a 7-2 decision.
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
Atlas Icon
*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #5 on: July 02, 2021, 05:04:24 PM »

I don't understand much legalese, so I take this to mean ERM's dooming about 7-0 R Alabama won't come to fruition?
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
Atlas Icon
*****
Posts: 10,332
Norway


Political Matrix
E: 3.41, S: -1.29

P
« Reply #6 on: July 07, 2021, 06:37:21 PM »

Will SCOTUS eventually declare Section 2 unconstitutional?

As of right now, no.
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