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Ten Years of Supreme Court Decisions Grant States Greater Freedom in Redistricting


In June 2019, the Supreme Court ruled in a 5-4 decision that federal courts lack the authority to intervene in state lawmakers’ partisan gerrymandering practices, solidifying the legality of drawing legislative maps that entrench party power. Chief Justice John Roberts emphasized that outcomes could be “unjust,” yet federal oversight remains absent unless Congress enacts a national ban.

As technology enables precise district manipulation, both Republicans and Democrats continue to exploit this practice. Texas Republicans are currently planning to redraw congressional maps to ensure their dominance ahead of the pivotal 2026 midterm elections, which could influence House control during the final years of President Trump’s term. This instigates counteractions from Democrats in other states, including California.

The Constitution designates state legislatures to draw mapping, with Congress able to intervene as needed. Following the 2020 census, states have drawn new maps, but mid-decade redistricting, like Texas’s recent efforts, poses challenges. Experts warn against this “ugly race to the bottom,” particularly as control of the House hangs in the balance.

Despite the Supreme Court’s ruling, restrictions such as the “one person, one vote” principle and the Voting Rights Act (VRA) exist to prevent discriminatory practices. However, recent court rulings have weakened the VRA’s enforceability. Notably, the Court’s potential consideration of racial factors in districting raises concerns for future voting rights.

Some states have established commissions to de-politicize redistricting, yet the effectiveness of these commissions may diminish due to current political dynamics. Liberal Justice Elena Kagan warned that the judicial inaction on partisan gerrymandering undermines the integrity of elections and democracy itself, highlighting the fundamental need for fair electoral processes.

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