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Ruth Bader Ginsburg clapped back at new colleague Neil Gorsuch in a biting riposte on Tuesday as the Supreme Court heard oral arguments in Gill v. Whitford, a case before the court challenging partisan gerrymandering.

“Maybe we can just for a second talk about the arcane matter of the Constitution,” Gorsuch, appointed by President Trump earlier this year, said. He then went onto implicitly argue that the Constitution did not authorize the federal government to regulate how states draw their lines for legislative districts.

“Where did ‘one person, one vote’ come from?” Ginsburg retorted, citing the provision in the Constitution which guarantees equal representation to citizens of the United States in their representative assemblies.

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Gill v. Whitford could be a landmark case – it’s the first time the Court will decide whether it is okay for one party to redistrict legislative constituencies to advantage their party and its members. The court’s existing doctrine has only prohibited race-based gerrymandering.

Contact Daniel J. Solomon at [email protected] or on Twitter @DanielJSolomon

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