Main Justice

Damage to the System

Dec 10, 2025
The Supreme Court's recent ruling on Texas's gerrymandered map sets off a discussion on partisan versus racial gerrymandering. A Virginia grand jury's refusal to re-indict Letitia James raises questions about legal standards and prosecutorial practices. Judge Beryl Howell's landmark decision restricts warrantless immigration arrests, spotlighting Fourth Amendment concerns. The hosts also dive into the Pentagon's IG report on Defense Secretary Hegseth's use of Signal, revealing serious implications for classified communications.
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INSIGHT

Supreme Court Shields Partisan Redistricting

  • The Supreme Court allowed Texas's mid-decade redistricting despite district court findings of race-based intent.
  • Andrew Weissmann and Mary McCord warn this effectively shields partisan gerrymanders from meaningful judicial review.
INSIGHT

Alito's Framing Signals Court Deference

  • Justice Alito framed Texas's redistricting as purely partisan, not racial, signaling deference to legislatures.
  • Weissmann and McCord see this as foreshadowing wider deference that limits scrutiny of racial motives.
INSIGHT

Appellate Deference To Trial Findings Eroded

  • The hosts note appellate courts are improperly discounting district-court factual findings after trials.
  • They stress appellate review should defer to trial judges unless findings are clearly erroneous.
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