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Another view: Vieth helps the Texas Dems

Richard Gladden writes:

Contrary to the view of some, I believe the Supreme Court's decision today in Vieth, particularly in light of Justice Kennedy's concurring opinion, actually increases the odds the Court will grant review and strike down intra-deceniial congressional redistricting in my client's case, Session v. Perry, juris. stat. pending, sub. nom. Henderson v. Perry, No. 03-9644. Although the question I presented does not rely directly on the First Amendment, it does rest fully on the idea that Elections Clause power is commensurate with, and must be supported by, or related to, a "legitimate regulatory purpose". Nowhere in the plurality, concurring or dissenting opinions, is partisan Gerrymandering considered as such. I have attached my client's jurisdictional statement (that is, the cover, index and body, as originally filed, without the docket number refered to herein). If you think it might be of interest to your readers, please feel free to post it if you like.

Thanks, Richard.

Comments

Richard Gladden's comments are certainly a breath of fresh air on today's decision in Vieth. Justice Kennedy may now become the new swing vote as Texas, Georgia, and a few other cases make their way to the Supreme Court.