You Can Thank Justice Kennedy's Retirement For The Supreme Court's Gerrymandering Decision

We'll continue to see the effects of his retirement on many important cases in years to come.

onJune 28, 2019 at 3:41 PMJune 28, 2019 at 2:00 PM

Justice Anthony M. Kennedy (Image via Getty)

Justice Kennedy had always held the door open in prior partisan gerrymandering cases for the possibility that the court would find a manageable standard that courts could use. But with his retirement from the court and his replacement with Justice Brett Kavanaugh, who joined the majority today in basically closing the door on these challenges, that did make a difference.

— Marcia Coyle, the National Law Journal’s senior Washington correspondent, during an appearance on the PBS “NewsHour,” where she spoke about retired Justice Anthony Kennedy’s role in the Supreme Court’s decision in the Rucho v. Common Cause case to essentially “throw up its hands” and rule that federal judges should take no part in deciding partisan gerrymanders.

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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.