The Supreme Court is Not Going to Save You


Faced with deciding the most important partisan-gerrymandering cases in more than a decade—Gill v. Whitford and Benisek v. Lamone—the U.S. Supreme Court decided on Monday not to decide.


Paul Smith, when questioned by the chief justice at oral arguments in Gill about why the court should rush into a pitched political battle, had a practical response that should not go unheeded. As Smith explained at the time, it would be just as risky for the court to stay “neutral” in the biggest voting case of the term as it would be to pick a side. “It may be that you can protect the court from seeming political,” Smith said, “but the country is going to lose faith in democracy big time because voters are going to be like … voters in Wisconsin (saying) … ‘It really doesn’t matter whether I vote.’”

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