Originally Posted by
LittleFuzzy
Nope. The reason the courts will hear racial challenge questions is because they're following Congressional legislation which allows them to do so (and then when hearing them they apply the strict scrutiny standard because prior jurisprudence tells them there isn't a prima facie reason for there to be differences based on race). Partisan stacking/cracking (I can't really call it gerrymandering because that actually has a specific meaning to the court which does not apply here) is an issue which is first going to have to be addressed by Congress or by states individually because that's where the Constitution placed regulation of state districting. It doesn't matter if the capability exists to referee district-drawing now, that's just not a job for the courts unless and until it gets delegated to them by those whose job it is now.