WASHINGTON, DC - JANUARY 16: The U.S. Capitol is seen behind a fence during sunrise on January 16, 2021 in Washington, DC. After last week's riots at the U.S. Capitol Building, the FBI has warned of additional threat... WASHINGTON, DC - JANUARY 16: The U.S. Capitol is seen behind a fence during sunrise on January 16, 2021 in Washington, DC. After last week's riots at the U.S. Capitol Building, the FBI has warned of additional threats in the nation's capital and in all 50 states. According to reports, as many as 25,000 National Guard soldiers will be guarding the city as preparations are made for the inauguration of Joe Biden as the 46th U.S. President. (Photo by Samuel Corum/Getty Images) MORE LESS

We had an illustration Tuesday night of one of the most crucial questions in our current politics and the one that will determine whether civic democracy can have a rebirth in the U.S. Gerrymandering is a bane to civic democracy because it dilutes the expression of the popular will by building district lines around partisan advantage or to diminish the power of disempowered minorities. Democrats spent much of the 2010s and 2020s fighting a legal and legislative battle against gerrymandering. But the Roberts Court has chosen to legalize every manner of gerrymandering, making the current a destructive race to the bottom.

Democrats had a choice. They could express effete outrage and a meaningless devotion to broken norms and principles and agree to wage elections on a permanently tilted plane. Or they could decide to play by the rules Republicans had forced on everyone. They did just that and it was unquestionable the right decision by every measure. It really never seemed to occur to Trump Republicans that Democrats would fight on the playbook Republicans created. There’s a special comedy to this because anyone familiar with the facts on the ground knew that Republicans had already used gerrymandering much more aggressively than Democrats. So there was much more juice in the gerrymandering lemon for Democrats if and when they decided to employ tactics Republicans have been using for more than a decade. It’s worth Democrats considering how deeply Republicans had internalized the beneath that Democrats would simply never respond in kind.

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