Kagan declared that members of the court agreed that there was an alarming constitutional violation, but then shirked their duty to do something about it.

“Of all times to abandon the Court’s duty to declare the law, this was not the one.

The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations.

None is more important than free and fair elections. With respect but deep sadness, I dissent.”

June 27, 2019

(Elena Kagan, Supreme Court Justice, on partisan gerrymandering)

This simply is one of the most compelling dissents I’ve read in years. The outrage expressed in mostly progressive quarters (because, let’s face it, Republicans have given up on democracy) should be confined to the intellectual honesty of the majority; however, this is not the end of our republic (as re-electing President Trump might be).


At the Supreme Court, a victory for fairness and a blemish on democracy

Jennifer Rubin, journalist