Politics

SCOTUS Could End Political Gerrymandering, Imperil GOP Majorities

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The Supreme Court decided Monday to take up a landmark challenge to partisan gerrymanders, raising the prospects of a significant rearrangement of legislative political power at the state and federal level.

“Gerrymandering” refers to the practice of drawing legislative district lines to favor incumbents, political parties or interest groups. Although the justices have frequently invalidated district maps that disadvantage minorities, they have stopped short of striking down maps favoring one political party over the other.

A ruling that partisan gerrymanders are unlawful would dramatically recast the apportionment process and shuffle the balance of power in Congress and state legislatures.

“This case represents the last best chance for a Court to rein in excesses of partisan gerrymandering, while Justice Kennedy, who has been the swing vote on this issue, remains on the Court,” UC Irvine School of Law Professor Rick Hasen wrote on his Election Law Blog.

The case, Gill v. Whitford, arises from Wisconsin. Although Republicans and Democrats split the vote in the 2016 general election, the GOP has a 2-1 advantage in the state legislature.

If current political trends continue, Republicans will control the redistricting process in a significant majority of states. Though statisticians debate the extent to which GOP state and congressional majorities are built on gerrymanders, the Court could significantly curtail a state legislature’s discretion in drawing district lines favoring the majority party (which courts have generally allowed in the past). As such, the Republicans have the most to lose if the high court rules against Wisconsin.

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