gerrymander failed in many ways because they cut the majorities too thin by, but in veep versus jubiliere, the court revisits vandermeer and splits 4-4-1. the four conservatives on the court said this was a non-judicial question. the court should get out of it echoing concerns of justice frankfurter, there were no standards here. everyone agrees partisanship will be part of the process but have no standards to say how much partisanship is too much partisanship. the liberal justices said, here, we have standards. and they proposed three different standards that might be used by the court. and we'll talk more about that in the next class. and then justice kennedy, as is his tradition, was by himself and provided the critical fifth vote. both to uphold the gerrymander in this instance, but also, to say that i'm going to keep these justicable questions, even though i don't have a standard. and so, where we are in partisan gerrymandering is that you can still litigate these cases, but justice kennedy says in veep versus jubelirer's we think you should look in the first amendment to see if you