Does the legislature have the exclusive right to carve up the state’s congressional districts as it sees fit, or are its determinations subject to judicial review? And must the authority of the state courts to interpret their own constitutions give way to the unfettered discretion of the legislature?

Or is there a middle ground, perhaps the one suggested by two eminent conservative law professors, William Baude and Michael W. McConnell, who, like Luttig, is a former federal appeals court judge?