Associate Justice Elana Kagan

On Thursday morning, the supreme court voted 5–4 to withdraw from questions of partisan gerrymandering, with the court’s five most conservative justices in the majority. The ruling effectively gives states the ultimate power to decide on the legality of voting maps, and leaves in place extreme cases of partisan redistricting in states such as Maryland and North Carolina.

In a powerful dissent, an edited extract of which appears below, Justice Elena Kagan, together with the courts’ three other more liberal justices – Ruth Bader Ginsburg, Stephen Breyer, and Sonya Sotomayor – claimed the court has abdicated its duty to protect the US constitution and American democracy.

‘Partisan gerrymanders have debased and dishonored our democracy’

For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities.

And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional […]

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