In July 2019, the Supreme Court has definitely shut the door of the federal courts to partisan gerrymandering: it found the question to be non-justiciable under the political question doctrine, since the impossibility of finding a judicially manageable standard. The reasoning of the majority opinion overrode the impact of modern partisan gerrymandering on the american democracy: electoral maps are today the outcome of an intensive profiling work of the electorate, made by collecting and cross-checking an enormous amount of data through a massive use of technological sophistication, so that the majority party can secure itself districts with an almost certain pre-determined winner. Thus, technology becomes the tool to schedule and maximize electoral outcomes, overturning the very same essence of representative democracy. The fact that the Supreme Court refused to provide remedy to this manifest breach of the Constitution leaves open the debate about the alternative ways to stop it and the effects on the constitutional order.
Overturning the pillars of democratic representation through modern technology-based partisan gerrymandering
Giuseppe NAGLIERI
2022-01-01
Abstract
In July 2019, the Supreme Court has definitely shut the door of the federal courts to partisan gerrymandering: it found the question to be non-justiciable under the political question doctrine, since the impossibility of finding a judicially manageable standard. The reasoning of the majority opinion overrode the impact of modern partisan gerrymandering on the american democracy: electoral maps are today the outcome of an intensive profiling work of the electorate, made by collecting and cross-checking an enormous amount of data through a massive use of technological sophistication, so that the majority party can secure itself districts with an almost certain pre-determined winner. Thus, technology becomes the tool to schedule and maximize electoral outcomes, overturning the very same essence of representative democracy. The fact that the Supreme Court refused to provide remedy to this manifest breach of the Constitution leaves open the debate about the alternative ways to stop it and the effects on the constitutional order.File | Dimensione | Formato | |
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