71 Tex. L. Rev. 1643 (1992-1993)
Judging Politics: The Elusive Quest for Judicial Review of Political Fairness

handle is hein.journals/tlr71 and id is 1663 raw text is: Judging Politics: The Elusive Quest for
Judicial Review of Political Fairness
Samuel Issacharoff*
I.  Introduction ................................ 1643
II. Rethinking One-Person, One-Vote .................. 1647
A. Defining Rights in the Political Arena ............. 1647
B.   Confronting the Partisan Gerrymander ............ 1655
C. ,Into the Thicket ........................... 1658
M. The Failure of Prophylaxis ...................... 1661
A.   The Temptations of Gerrymandering .............. 1661
B. Precommitment Strategies .................... 1664
IV. The Conceptual Failings of Bandemer ............... 1669
A. Judicial Application ........................ 1670
B. From Minority Vote Dilution to Partisan Voting Claims.. 1675
C. False Parallels to Minority Voting Rights Claims ...... 1678
D. Judicial Review and Institutional Competence ........ 1686
V. Policing the Political System  ..................... 1688
A.   The Litigation Morass ...................... 1688
B. Mandatory Computer-Automated Redistricting   ....... 1696
C. Speculation on Future Automated Redistricting Processes  1698
VI. Conclusion ................................. 1702
I.  Introduction
Thirty years seems an appropriate time for taking stock of the
inherited Supreme Court doctrines governing the political process. Over
the three decades since Baker v. Carr,1 a new era of regulated American
politics has taken hold. Decisions ranging from the form of local
government to the requirements for holding government office to the actual
* Professor, The University of Texas School of Law. This Paper benefited from the comments
of Cynthia Estlund, Douglas Laycock, Sanford Levinson, Charles Silver, Jordan Steiker, and the
participants in the Symposium on Regulating the Electoral Process held at The University of Texas
School of Law on November 13-14, 1992. This Paper also benefitted from the diligent research assis-
tance of Michael Piper and the library assistance of David Gunn.
1. 369 U.S. 186 (1962).

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