A spat over congressional redistricting in Texas marks the latest episode in a long national history of gerrymandering. Democratic lawmakers have fled Texas to try to block Republicans from redrawing congressional districts in their favor. The term "gerrymander" originated over 200 years ago to describe political manipulation in legislative districts. A fight before the U.S. Supreme Court that created Alabama’s new U.S. House in District 2 shows how new maps can be challenged. The legal case was featured in Alabama Public Radio’s new interview program “APR Notebook.”
It's difficult to challenge legislative districts on political grounds, the Supreme Court has upheld challenges on racial grounds. In a 2023 case from Alabama, the high court said the congressional districts drawn by the state's Republican-led Legislature likely violated the Voting Rights Act by diluting the voting strength of Black residents. The court let a similar claim proceed in Louisiana. Both states subsequently redrew their districts.
The term “gerrymander” was coined in 1812 to describe a district signed into law by Massachusetts Governor Elbridge Gerry that critics said was shaped like a salamander. Gerrymandering has continued since then. The U.S. Supreme Court ruled in 2019 that federal courts don't have the authority to decide challenges to alleged partisan gerrymandering.
In many states, like Texas, the state legislature is responsible for drawing congressional districts, subject to the approval or veto of the governor. District maps must be redrawn every 10 years, after each census, to balance the population in districts.
But in some states, nothing prevents legislatures from conducting redistricting more often. In an effort to limit gerrymandering, some states have entrusted redistricting to special commissions composed of citizens or bipartisan panels of politicians. Democratic officials in some states with commissions are now talking of trying to sidestep them to counter Republican redistricting in Texas.
If a political party controls both the legislature and governor’s office — or has such a large legislative majority that it can override vetoes — it can effectively draw districts to its advantage. One common method of gerrymandering is for a majority party to draw maps that pack voters who support the opposing party into a few districts, thus allowing the majority party to win a greater number of surrounding districts.
Another common method is for the majority party to dilute the power of an opposing party’s voters by spreading them among multiple districts.
Not under the U.S. Constitution. The Supreme Court, in a 2019 case originating from North Carolina, ruled that federal courts have no authority to decide whether partisan gerrymandering goes too far. Chief Justice John Roberts wrote: “The Constitution supplies no objective measure for assessing whether a districting map treats a political party fairly.”
The Supreme Court noted that partisan gerrymandering claims could continue to be decided in state courts under their own constitutions and laws. But some state courts, including North Carolina's highest court, have ruled that they also have no authority to decide partisan gerrymandering claims.
Statisticians and political scientists have developed a variety of ways to try to quantify the partisan advantage that may be attributable to gerrymandering. Republicans, who control redistricting in more states than Democrats, used the 2010 census data to create a strong gerrymander. An Associated Press analysis of that decade's redistricting found that Republicans enjoyed a greater political advantage in more states than either party had in the past 50 years.
But Democrats responded to match Republican gerrymandering after the 2020 census. The adoption of redistricting commissions also limited gerrymandering in some states. An AP analysis of the 2022 elections — the first under new maps — found that Republicans won just one more U.S. House seat than would have been expected based on the average share of the vote they received nationwide. That was one of the most politically balanced outcomes in years.