Wednesday, September 13, 2023

If Alabama

If the Supremos make clear that some of their rulings are optional, then states and the executive branch should embrace it.
For the Alabama appeal, the Supreme Court will probably need to respond quickly. The state has represented that it must finalize its congressional districts by early October. If the court blesses Alabama’s conduct and allows the state’s defiance to stand — either after briefing and oral argument or by issuing a stay on the “shadow docket” and allowing the state’s discriminatory map to remain in place, as it did in an earlier stage of this very litigation — it will be announcing to the world that its opinions need not be heeded. If that happens, defiance by other political actors, both left and right, can be expected, and will be justified.
Though I expect Democrats will continue to behave like good little boys and girls and expect to be rewarded (in heaven, perhaps).