Justices Still Don’t Know What to Do About Partisan Gerrymandering

The U.S. Supreme Court seemed no closer to deciding what to do about extreme partisan gerrymandering after oral argument today than it did 30 years ago.

The court said three decades ago extreme partisanship can violate the Constitution. The question in the case argued today is what the courts can do about it, Michael Kimberly, of Mayer Brown LLP, Washington, told the justices.

Kimberly represents Maryland Republicans who say they were unconstitutionally retaliated against when the legislature redrew their previously Republican district to favor Democrats.

The justices seemed to agree that the situation here was troubling. Justice Anthony M. ...