Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LetMyPeopleVote

(173,551 posts)
13. Scathing dissent from Justice Kagan:
Thu Dec 4, 2025, 08:37 PM
16 hrs ago


Scathing dissent from Justice Kagan:

"[T]his Court reverses that judgment based on its perusal, over a holiday weekend, of a cold paper record. We are a higher court than the District Court, but we are not a better one when it comes to making such a fact-based decision. That is why we are supposed to use a clear-error standard of review—why we are supposed to uphold the District Court’s decision that race-based line-drawing occurred (even if we would have ruled differently) so long as it is plausible. Without so much as a word about that standard, this Court today announces that Texas may run next year's elections with a map the District Court found to have violated all our oft-repeated strictures about the use of race in districting. Today's order disrespects the work of a District Court that did everything one could ask to carry out its charge—that put aside every consideration except getting the issue before it right. And today's order disserves the millions of Texans whom the District Court found were assigned to their new districts based on their race. Because this Court's precedents and our Constitution demand better, I respectfully dissent."

Recommendations

0 members have recommended this reply (displayed in chronological order):

Hope California redistricting gets similar consideration. Silent Type 19 hrs ago #1
I was afraid of this LetMyPeopleVote 19 hrs ago #2
Well. Then there can be no back-door complaints about California's prop 50. haele 19 hrs ago #3
And will shoot down California's. 50 Shades Of Blue 18 hrs ago #4
Fuck this court! bluestarone 18 hrs ago #5
So much for the "Purcell Principle." WestMichRad 18 hrs ago #6
Given what we saw in Tennessee hurl 18 hrs ago #7
If TX made their new R favored districts Deminpenn 16 hrs ago #14
Of course they did. If we still don't know B.See 18 hrs ago #8
So, the gerrymander war continues with more rigged districts and more voter apathy, and it wont save everyonematters 18 hrs ago #9
Deadline Legal Blog-Supreme Court sides with Texas in challenge to congressional map deemed discriminatory LetMyPeopleVote 18 hrs ago #10
They will shoot down the CA map with the same argument Blaukraut 18 hrs ago #11
At least 3 of the conservatives on the court MUST BE on a list! PuraVidaDreamin 18 hrs ago #12
They're on MY list! I won't say what 'list' that is, Jack Valentino 15 hrs ago #17
Scathing dissent from Justice Kagan: LetMyPeopleVote 16 hrs ago #13
The Trump Supreme Whorehouse doesn't disappoint. dalton99a 15 hrs ago #15
because it failed to honor "the presumption of legislative good faith" by the TEXAS legislature???!!!!!! Jack Valentino 15 hrs ago #16
Here is a good explanation of this decision by Prof. Hasen of the Election Law Blog LetMyPeopleVote 2 hrs ago #18
Latest Discussions»General Discussion»Supreme Court allows Texa...»Reply #13