Redistricting

In Gill v. Whitford the Supreme Court has agreed to decide whether and when it is possible to bring a claim that partisan gerrymandering is unconstitutional.  

While the Court has repeatedly struck down district maps that rely on racial gerrymandering, it has never ruled that maps drawn to secure partisan advantage are unconstitutional. In 2004, Justice Anthony M. Kennedy – who may be the deciding vote in Whitford – wrote a concurring opinion indicating that partisan gerrymandering could be unconstitutional.

In North Carolina v. Covington the Supreme Court issued a three-page unauthored opinion ordering a North Carolina district court to reconsider its decision to remedy unconstitutional racial gerrymandering by truncating existing legislators’ terms and holding a special election.

Cooper v. Harris raises an issue litigated over and over since the 2010 census. Challengers claim the North Carolina legislature unconstitutionally packed minority voters into a few legislative districts to lessen their ability to influence races in other districts. The Supreme Court agreed holding 5-3 that a North Carolina District Court correctly ruled that North Carolina relied too heavily on race in designing two majority-minority congressional districts.

The Supreme Court has held that per the Equal Protection Clause if the use of race predominates in redistricting the district’s design must be “narrowly tailored” to serve a “compelling interest.” Complying with Section 2 of the Voting Rights Act (VRA), which prohibits vote dilution— “dispersal of [a group’s members] into districts in which they constitute an ineffective minority of voters”—is a compelling interest. A “strong basis in evidence” is needed to show the VRA requires race-based districting.  

In a 7-1 decision in Bethune-Hill v. Virginia State Board of Elections the Supreme Court rejected the notions that race predominates in redistricting only when there is an actual conflict between traditional redistricting criteria and race and that the predominance analysis should apply only to new district lines that appear to deviate from traditional redistricting criteria.

Regarding District 75, where the lower court determined race did predominate, the Supreme Court agreed the State’s use of race was narrowly tailored because it had “good reasons to believe” that a target of a 55% black voting-age population (BVAP) was necessary to avoid diminishing the ability of black voters to elect their preferred candidate.

CSG Midwest
In November 2016, a panel of federal district judges struck down Wisconsin’s 2011 state legislative district maps as an unconstitutional gerrymander. “It is clear that the drafters got what they intended to get,” Judge Kenneth Ripple wrote in the 2-1 decision. “There is no question that Act 43 was designed to make it more difficult for Democrats, compared with Republicans, to translate their votes into seats.”

Pages