Tom DeLay must be rethinking the adage that all publicity is good publicity. He makes the nation's front pages again today, as newspapers report on the Supreme Court's decision to take up the Texas redistricting case. Here is the Washington Post story; here, the New York Times, and here the Los Angeles Times.
Everyone notes that while in 2004 the court upheld the Pennsylvania Republican-drawn redistricting plan by a vote of 5-4, there is a different cast of characters this time around. Then-Chief Justice William Rehnquist, one of the majority in the case, has since died; Sandra Day O'Connor, another member of the majority, is serving only until her replacement is confirmed. Justices Antonin Scalia and Clarence Thomas, also among the majority, are not expected to be sympathetic to arguments challenging the Texas plan, but the fifth vote, from Justice Anthony Kennedy is not as certain, as he said at the time that the Constitution might provide some relief in such situations.