The issue is that many states task the legislature with drawing the map. The legislature gets to pick who voted for them. If they make an unconstitutional one, they just have to draw more unconstitutional ones until there is no time left. If the Court tried to do it themselves because of the legislature’s failure, they can sue because that responsibility was directly assigned to them. They need to take that responsibility away from the legislature in their Constitution. This should happen in every state.
I should have said appealed. A judge will rule that their 5th map is also unconstitutional and they clearly cannot be tasked with making the map. So the judge makes one that would work or tasks a committee to do it. Republicans then appeal that decision because the constitution or a law specifies that the legislature creates the maps. They appeal up to the state Supreme Court.
The issue is that many states task the legislature with drawing the map. The legislature gets to pick who voted for them. If they make an unconstitutional one, they just have to draw more unconstitutional ones until there is no time left. If the Court tried to do it themselves because of the legislature’s failure, they can sue because that responsibility was directly assigned to them. They need to take that responsibility away from the legislature in their Constitution. This should happen in every state.
They would sue the courts? Who would even oversee that? SCOTUS has already said they want no part of state election issues.
I should have said appealed. A judge will rule that their 5th map is also unconstitutional and they clearly cannot be tasked with making the map. So the judge makes one that would work or tasks a committee to do it. Republicans then appeal that decision because the constitution or a law specifies that the legislature creates the maps. They appeal up to the state Supreme Court.