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 belief that Democrats would simply never respond in kind.

A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss Mike Johnson’s early days on the job and major upcoming elections in Ohio and Virginia.

You can listen to the new episode of The Josh Marshall Podcast here.

The midterm red wave that wasn’t was one thing. Wisconsin’s Supreme Court race was another. 2024 Republicans’ ongoing, awkward, obvious flailing on abortion has confirmed the severity of the dilemma for the party. And the primary elections in Virginia this week bring us the latest datapoint on how potent and energizing the unpopularity of the Dobbs ruling and the passage of increasingly restrictives bans on abortion has been and will be for 2024 voters.