The U.S. Supreme Court's ruling that federal judges have no power to police...
- The U.S. Supreme Court’s ruling that federal judges have no power to police partisan gerrymandering - the practice of manipulating electoral district boundaries for political gain - likely will embolden politicians to pursue more extreme efforts free from the fear of judicial interference, experts said.
Election reformers now face a limited menu of options, all of which face potential obstacles: voter ballot initiatives, lawsuits filed in state courts and congressional legislation. President Donald Trump’s fellow Republicans have been the primary beneficiaries of gerrymandering since the last round of redistricting following the 2010 census, though Democrats have engaged in the practice as well. Hasen said he expects more Democratic-led legislatures to engage in the practice in light of the ruling.
“We’ll continue to fight against map manipulation using every tool that is at our disposal,” said former U.S. Attorney General Eric Holder, whose National Democratic Redistricting Committee is backed by former President Barack Obama, a Democrat, and former California Governor Arnold Schwarzenegger, a Republican. “But even without no federal guardrail on gerrymandering, this fight is far from over.
Efforts already are underway in several states, including Arkansas, Nebraska and Oklahoma, to launch similar ballot initiatives next year. Many state constitutions include language on fair elections or free speech that goes beyond the U.S. Constitution, potentially opening a legal path for gerrymandering opponents.
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