In a previous gerrymandering case in 2003, Vieth v. Jubelirer, the Court divided five to four and declined to review Pennsylvania’s redistricting plan. In that case, four justices took the position that courts should never review gerrymandering claims, because it is too hard to establish a manageable test for courts to apply, while four other justices would have allowed courts to review gerrymandering claims. Justice Anthony Kennedy, the fifth vote, took a middle position, agreeing that the Court should not get involved in that case, but leaving open the door for judicial review of gerrymandering cases if a workable standard could be identified in the future.