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Title : "One House of its bicameral legislature cannot alone continue the litigation against the will of its partners in the legislative process."
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"One House of its bicameral legislature cannot alone continue the litigation against the will of its partners in the legislative process."

Writes Justice Ginsburg for the majority this morning in Virginia House of Delegates v. Bethune-Hill, a racial gerrymandering case that the court below decided against the state of Virginia.

The majority consists of the refreshing assemblage of Ginsburg, Thomas, Sotomayor, Kagan, and Gorsuch. Alito writes a dissenting opinion joined by Roberts, Breyer, and Kavanaugh.

After the 3-judge district court decided the case against the Virginia State Board of Elections, the state Attorney General said that the state would not appeal. (The appeal would be directly to the Supreme Court under the jurisdiction statute.) "Virginia has thus chosen to speak as a sovereign entity with a single voice," and the House of Delegates had no standing to continue the litigation. That's the majority's take.

The dissent stresses the 3-part "injury-in-fact" test for standing, finds that the House has the needed "concrete and particularized injury," and declares it "revealing that the Court never asserts that the effect of the court-ordered plan at issue would not cause the House 'concrete' harm." You can articulate an injury the House faces, and Alito does:

When the boundaries of a district are changed, the constituents and communities of interest present within the district are altered, and this is likely to change the way in which the district’s representative does his or her work. And while every individual voter will end up being represented by a legislator no matter which districting plan is ultimately used, it matters a lot how voters with shared interests and views are concentrated or split up. The cumulative effects of all the decisions that go into a districting plan have an important impact on the overall work of the body....

Districting matters because it has institutional and legislative consequences....

What the Court says on this point is striking. According to the Court, “the House as an institution has no cognizable interest in the identity of its members,” and thus suffers no injury from the imposition of a districting plan that “may affect the membership of the chamber” or the “content of legislation its future members may elect to enact.” Really? It seems obvious that any group consisting of members who must work together to achieve the group’s aims has a keen interest in the identity of its members, and it follows that the group also has a strong interest in how its members are selected. And what is more important to such a group than the content of its work?

It's just not the right kind of injury for standing purposes, as the majority sees it. Maybe it hurts, and maybe these litigants care, but they can't invoke the judicial power for relief from an injury like this.

Thus articles "One House of its bicameral legislature cannot alone continue the litigation against the will of its partners in the legislative process."

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