Going in to this session, last October, it was perfectly reasonable to believe that we were close to something Big on the question of partisan gerrymandering. Justice Kennedy had established himself over a period of years as the swing vote here, he had also made it clear that he was looking for the right case, the right set of facts to allow him, and with him the court to say something definitive. There were at least three cases coming before him that gave him that chance. Fourteen years ago Kennedy wrote an opinion in VIETH v JUBELIRER, that set in motion this search for the holy grail, for the case that would get him to come off of this fence. This session, surely, the time had come! The result ... nothing. Kennedy, and with him the court, punted the ball on 4th and short. When I say there were "at least" three cases coming before him, I have in mind GILL v. WHITFORD, BENISEK v. LAMONE, and RUCHO v. COMMON CAUSE. GILL v. WHITFORD (June 18), unanimous decision writ...