The other 4 conservatives on the court are political hacks, so the US Supreme Court's refusal to review the Pennsylvania Supreme Court's redistricting decision was driven by Kennedy ensuring that they would lose, and they did not want to fight a losing battle.
The Supreme Court on Monday turned down a request from Republican legislative leaders in Pennsylvania to block a redrawn congressional map that creates more parity between the political parties in the state.The PA court decision was rooted entirely on the Pennsylvania state constitution.
The practical impact is the 2018 elections are likely to be held under a map much more favorable to Democrats, who scored an apparent victory last week in a special election in a strongly Republican congressional district. The 2011 map that has been used this decade has resulted in Republicans consistently winning 13 of the state’s 18 congressional seats.
Monday’s action was the second time that the court declined to get involved in the partisan battle that has roiled Pennsylvania politics. The commonwealth’s highest court earlier this year ruled that a map drawn by Republican leaders in 2011 “clearly, plainly and palpably” violated the free-and-equal-elections clause of the Pennsylvania Constitution.
In fact, it could be argued that the Pennsylvania opinion was carefully drafted to avoid any possibility of a federal issue , and as such a Supreme Court review would be highly unusual.
Of course, that didn't stop Kennedy in Bush v. Gore, but I think that the sh%$ that he got over that may have been a learning experience for him.
November in Pennsylvania should be rather interesting.
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