Rookie justice Brett M. Kavanaugh seemed to take the place of Justice Kennedy during the arguments, suggesting that some partisan gerrymandering can be so extreme that it is unconstitutional.
Liberal justices tend to see extreme partisan gerrymandering as a threat to our democracy while more conservative justices do not necessarily want the courts to become involved in the political process. Justice Kavanaugh could become the fifth vote to say once and for all that the courts have no role in policing gerrymandering.
Justice Kagan as well as lawyers for the plaintiffs stated that most states do not allow voters to take the lead, making it difficult to rely on the political process. The conservative side of the court wondered what standard should guide how to determine excessive gerrymandering.
The governors of both North Carolina and Maryland have both stated that legislatures cannot be trusted with drawing electoral lines.
Additional Resources
Brett Kavanaugh the new player as Supreme Court returns to partisan gerrymandering, Washington Post, March 26, 2019
Learn More on Oyez —Rucho v. Common Cause
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