And this surprises whom?

Supreme Court Bars Challenges to Partisan Gerrymandering

Some have suggested this conservative court of rapists and theocrats would try to be as little provocative as possible lest outrage move an incoming Democratic administration, if supported by majorities in the legislature, to pack the court or otherwise undermine their power to conduct ideological warfare.

But maybe not.

The Supreme Court on Thursday ruled that federal courts are powerless to hear challenges to partisan gerrymandering, the practice in which the party that controls the state legislature draws voting maps to help elect its candidates.

The vote was 5 to 4, with the court’s more conservative members in the majority. In a momentous decision, the court closed the door on such claims.

The drafters of the Constitution, Chief Justice John G. Roberts Jr. wrote for the majority, understood that politics would play a role in drawing election districts when they gave the task to state legislatures. 

Judges, the chief justice said, are not entitled to second-guess lawmakers’ judgments.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” the chief justice wrote.

Any historian will tell you the Framers did not anticipate the development, relevance, and power of political parties, at all.

A failure of foresight that notably screwed up presidential elections in such wise as they sought later to fix with the 12th Amendment.

It is absurd to suppose that, while they did not foresee parties, they did foresee partisan gerrymandering, and were just fine with it.