I've had a lot of feedback about my "Replace Them All" post. No one seem able to deny that the IRC has gerrymandered the district maps. And no one even attempts to claim that the maps comply with the Constitutional requirements. So the best folks can do is claim that the Legislature and Governor should stay out of the process "like the voters intended."
However, the voters specifically put the Governor and Legislature INTO the process. The Constitution says that it's the Governor and Senate that have the responsibility of removing Commissioners who substantially neglect their duty.
The Courts, for their part, have been appropriately deferential to the IRC because the IRC acts in a Legislative capacity.
So here's a message to my Conservative friends. When the Constitution gives you a responsibility, don't punt it to the Courts...and if you do, don't complain that they don't bail you out...and don't ever complain about them being "activist" again.
If the Legislative Committee determines that the IRC members substantially neglected their duty (which they clearly did) then it is the Governor and the Senate who are tasked with fixing the problem. So either fix it, or live with it. But don't ask the courts to bail you out--after all, this is why you get the big bucks.