In February, the justices reinstated an Alabama congressional map after a lower court had ordered the Republican-controlled state to draw a second Black-majority district. But in March, the Supreme Court invalidated a Wisconsin congressional map drawn by the state’s Democratic governor and ordered a new one to be produced.
How U.S. Redistricting Works
Card 1 of 8What is redistricting? It’s the redrawing of the boundaries of congressional and state legislative districts. It happens every 10 years, after the census, to reflect changes in population.
Why is it important this year? With an extremely slim Democratic margin in the House of Representatives, simply redrawing maps in a few key states could determine control of Congress in 2022.
How does it work? The census dictates how many seats in Congress each state will get. Mapmakers then work to ensure that a state’s districts all have roughly the same number of residents, to ensure equal representation in the House.
Who draws the new maps? Each state has its own process. Eleven states leave the mapmaking to an outside panel. But most — 39 states — have state lawmakers draw the new maps for Congress.
If state legislators can draw their own districts, won’t they be biased? Yes. Partisan mapmakers often move district lines — subtly or egregiously — to cluster voters in a way that advances a political goal. This is called gerrymandering.
What is gerrymandering? It refers to the intentional distortion of district maps to give one party an advantage. While all districts must have roughly the same population, mapmakers can make subjective decisions to create a partisan tilt.
Is gerrymandering legal? Yes and no. In 2019, the Supreme Court ruled that the federal courts have no role to play in blocking partisan gerrymanders. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering.
Want to know more about redistricting and gerrymandering? Times reporters answer your most pressing questions here.
“This unprecedented act and inconsistent application of judicial power are manifestly and sadly undemocratic,” said Eric H. Holder Jr., the former attorney general and the chairman of the National Democratic Redistricting Committee.
Marc Elias, a Democratic lawyer and prominent voting rights advocate, argued that his defense of maps that clearly help Democrats was not inconsistent with his fight against Republican gerrymanders.
“What voters expect will be a fair map in Alabama won’t necessarily be the same thing in a state like Maine,” he said. “I tend to look at the maps in the states and ask a question: ‘Is it legal or is it not legal?’ I leave it to others to be social scientists about whether they think it is objectionable or not for other reasons.”
State courts are a relatively new venue for redistricting cases. For decades, most legal challenges to gerrymandered maps played out in the federal courts, and the Voting Rights Act of 1965 was often used to challenge unfairly drawn districts.
But in 2017, four years after the Supreme Court hollowed out many of the protections of the Voting Rights Act, the League of Women Voters challenged Pennsylvania’s 2011 congressional maps in the state court system, arguing that the state’s Constitution “protects the right of voters to participate in the political process, to express political views, to affiliate with or support a political party, and to cast a vote.”
The Pennsylvania Supreme Court, which leaned Democratic, sided with the women’s group in January 2018, finding that the maps had “clearly, plainly and palpably” violated the state’s Constitution. The decision served as a signal to lawyers and good government groups across the country.