When state legislatures draw the boundary lines for voting districts, the majority party typically comes up with a map designed to keep itself in power. But can that become so blatantly political that it violates the Constitution?
, the majority party typically comes up with a map designed to keep itself in power. But can that become so blatantly political that it violates the Constitution? And how can the courts tell how much partisanship in politics is too much?an issue that the justices have so far found impossible to answer
The court hears two challenges to redrawn boundaries for congressional districts that gave an advantage to the party in power — Republicans in North Carolina and Democrats in Maryland. In both cases, groups of voters sued and lower courts declared the maps to be unconstitutional partisan gerrymanders.
In Maryland, Republican voters challenged the redrawing of Maryland's 6th Congressional District in 2011, which allowed Democrats to take over a seat in the US House that Republican Roscoe Bartlett held for two decades. He had been re-elected in 2010 by a 28 percent margin. After the redistricting, he lost by 21 percent.
During its last term, the court again dodged the partisan gerrymandering question, citing procedural shortcomings in cases from Wisconsin and Maryland. This time, the issue is presented more directly. But with Kennedy gone, replaced by the more conservative Brett Kavanaugh, it's likely the Supreme Court will conclude that this is a political matter for state legislatures to resolve, not the courts.
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