Courts and political logjams

What one observer sees as a logjam or political gridlock, of course, can look to another like the welcome avoidance of bad legislation. But that’s not the only reason the courts are reluctant to assume one or another new power on the logic that the political branches have wrongfully failed to act in some area. In a new Cato at Liberty post, I cite a notable passage addressing this point in Monday’s Gill v. Whitford decision on redistricting.

One Comment

  • That bodes ill for South Dakota against Wayfair, doesn’t it?