Laurence Tribe

@tribelaw ↗

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Last Checked Dec. 25, 2022

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Wed Dec 07 17:33:20 +0000 2022

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Laurence Tribe @tribelaw

My late colleague John Hart Ely would be amused to hear how the Supreme Court’s decision in Moore v. Harper could turn on whether rejecting a gerrymander as the result of representational dysfunction is genuinely “judicial review” of state legislation or is just policymaking — PolitiTweet.org

Posted Dec. 7, 2022

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Laurence Tribe @tribelaw

It looks like one big Elections Clause danger is that Justices Gorsuch and Barrett & maybe the CJ & Alito will hold that a State Supreme Court may regulate the “manner” of districting but not whether its effects are, eg, “free and fair,” much less >x% from politically random. — PolitiTweet.org

Posted Dec. 7, 2022

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Laurence Tribe @tribelaw

Justice Jackson’s creative idea is that districting lines that violate the state’s own constitution can’t be deemed to be laws enacted by the state’s actual “legislature” at all. That’s dramatic but seems to me unlikely to persuade her colleagues. — PolitiTweet.org

Posted Dec. 7, 2022