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This article argues that these tests do not rest on judicially manageable standards.
Second, this Comment responds to Justice Scalia's contention that, despite the proliferation of standards, there are no judicially manageable standards.
American Electric also claimed that there was "a lack of judicially-discoverable and manageable standards for resolving this case". See id. at 325.
These two concepts are not completely separate; the lack of judicially manageable standards may strengthen the conclusion that there is a textually demonstrable commitment to a coordinate branch.
For three decades, a majority of justices have failed to identify manageable standards to determine when a plan rises to the level of an unconstitutional partisan gerrymander.
As the discussion that follows makes clear, the concept of a textual commitment to a coordinate political department is not completely separate from the concept of a lack of judicially discoverable and manageable standards for resolving it; the lack of judicially manageable standards may strengthen the conclusion that there is a textually demonstrable commitment to a coordinate branch.
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The majority also contends that the term "try" does not present a judicially manageable standard.
One obstacle is that the Supreme Court has yet to recognize a discernible and manageable standard for identifying unconstitutional partisan gerrymanders.
Justice Kennedy, writing in 2004, said he had not been able to find "a manageable standard" for separating ordinary politics from unconstitutional gerrymandering.
The Supreme Court has struggled with partisan gerrymanders for decades including as recently as last year while searching for a "judicially manageable standard" to evaluate such claims.
Kennedy's temporizing drew a mocking rejoinder from Scalia, who wrote, "Justice Kennedy's opinion boils down to this: 'As presently advised, I know of no discernible and manageable standard that can render this claim justiciable.
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