Courts decide vexing legal matters and interpret opaque constitutional language all the time, from defining pornography and judging whether a search or seizure is unreasonable to determining how speedy a speedy trial must be.
And then there is the issue that some judges increasingly say is beyond their abilities to adjudicate. It was on display again last week, in North Carolina.
The North Carolina Supreme Court said that it could find no way to determine when even egregious gerrymanders — in this case, lopsided partisan maps of the state’s General Assembly and its 14 congressional districts — cross the line between skewed but legal and unconstitutionally rigged. In addition, the justices said, any court-ordered standard “would embroil the judiciary in every local election in every county, city and district across the state.”
Read the full article by Michael Wines in The New York Times here.
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