In a sensible world, Virginia House of Delegates v. Bethune-Hill would have nothing whatsoever to do with the Affordable Care Act. On its surface, Bethune-Hill is a racial gerrymandering case which, the Supreme Court announced on Tuesday, will be heard by the Court for the second time.
Yet Bethune-Hill also presents a difficult issue regarding when non-parties to a federal lawsuit may appeal lower court decisions to a higher authority. And this technical q...