Skip to content
Search

Latest Stories

Top Stories

Voting in 2022: The legacy of lawsuits and legislation

Protest against gerrymandering

Demonstrators protest against gerrymandering at a rally in front of the Supreme Court while the justices debated Rucho v. Common Cause.

Evelyn Hockstein/For The Washington Post via Getty Images

This is the second in a two-part series examining how the political landscape has been affected by partisan gerrymandering and changes to voting rights. Read part one.

Gerrymandering remains alive and well in the United States, despite the growth of nonpartisan redistricting commissions and legal efforts to take the politics out of the mapmaking process.

Redistricting is supposed to give equal representation to everyone in a state following the decennial. But by either spreading the opposition party’s voters around (cracking) or concentrating them in few districts (packing), lawmakers have the ability to limit competition and create a scenario in which they “choose their voters ... rather than voters choosing their representatives,” according to the Brennan Center for Justice.

Anti-gerrymandering activists view these maneuvers as an attack on American democracy and they have attempted to end the practice through lawsuits and legislation. But, in most of the country, partisans continue to own the redistricting practice, which goes a long way toward determining who wins elections.


The first significant gerrymandering case to make it to the Supreme Court was Baker v. Carr in 1962, testing whether the federal courts have a say in state legislative redistricting.

For 60 years, Tennessee lawmakers had refused to redraw the legislative districts despite the population growing and shifting. Because the state didn’t redraw the lines, representation was no longer aligned with population by the 1960s. Therefore, the justices ruled that a federal court could hear arguments over whether the state violated the Constitution’s equal protection clause.

A few years later, Congress passed the most influential piece of federal legislation on voting: the Voting Rights Act of 1965, signed into law by President Lyndon B. Johnson. The VRA outlawed racial discrimination in voting and redistricting; banning practices meant to deter Black people from voting, such as literacy tests and poll taxes. It also established a “preclearance” standard, under which states with a history of discrimination must get federal approval before changing any election practices.

The VRA was regularly renewed by bipartisan majorities, until recently, and the Supreme Court struck down the preclearance provision in 2013.

The Supreme Court again considered a case involving the equal protection clause in 1993. Shaw v. Reno stands out in the history of redistricting cases because it set the precedent for judicial review of racial gerrymandering. Plaintiffs in North Carolina argued that the state’s map was drawn to concentrate Black voters into two large districts, limiting their ability to compete across the state. The court ruled that redistricting based on race was unconstitutional.

These legislative and judicial actions sought to protect the right to vote for all Americans — a cornerstone of democracy. Voting ensures that the people elect officials who represent their ideas, interests, and concerns in government; but gerrymandering works to manipulate votes to certify that some individuals’ votes are greater than others.

But the decisions began to shift in the second decade of the 21st century.

The 2013 Supreme Court case Shelby County v. Holder, effectively shut down two sections of the Voting Rights Act, including the preclearance provision, were no longer applicable due to the modernization of elections. Specifically, the constraints identified by Section 4 and Section 5 were “no longer responsive to the current conditions in the voting districts in question.” Justice Clarence Thomas wrote that “the blatant discrimination against certain voters that Section 5 was intended to prohibit is no longer evident.”

Then, in the 2019 case Rucho v. Common Cause, the court removed itself from future cases involving partisan gerrymandering. People in North Carolina had challenged the state’s district map as being Republican-friendly partisan gerrymandering. While lower courts agreed and struck down the map, the Supreme Court disagreed, ruling that partisan gerrymandering claims were beyond the scope of federal courts.

Since then, voting rights activists have turned to Congress for legislative solutions. The For the People Act, a sweeping bill to reform the redistricting process and set national standard for elections, passed the House but was blocked by a Republican filibuster in the Senate. The same fate awaited the John Lewis Voting Rights Advancement Act, which would operate to restore and strengthen the Voting Rights Act of 1965, specifically the sections ruled unconstitutional Shelby County v. Holder. It also addresses discrimination against members of the LGBTQ+ voters. A third bill combining those two, the Freedom to Vote: John R. Lewis Act, was similarly blocked.

As long as gerrymandering continues, activists will develop tools to build awareness and combat its implementation.

For example, Campaign Legal Center has created a database that assesses maps based on four measures: the use of cracking or packing to dilute other people’s votes, partisan bias, the difference between a party’s median vote count and its mean vote count, and declination based on predicted win/loss outcomes.

Another option to deter gerrymandered maps would be to convince states to allow bipartisan or nonpartisan groups — separate from government — to draw the congressional and state legislative maps. Proponents argue this option, often known as “ independent redistricting commissions ” would ensure fair representation of all individuals in accordance with the Voting Rights Act and guarantee politicians would not have any influence on the maps.


Read More

A male senior stands in the shadow of a Social Security card with bite missing.

Social Security faces automatic cuts in 2032 and Medicare in 2033. New polling suggests that gives Democrats a powerful election issue. Here’s the case.

DNY59 / Getty Images

Will the Debt Crisis Engineered by Republicans Succeed in Cutting Social Security and Medicare?

Overview

The Republican Party’s long game to reduce administrative state entitlement spending centers on creating a debt crisis to provide an excuse for limiting such spending. It may soon pay off. That strategy involved a quarter-century of engineered tax cuts responsible for the stunning rise in sovereign U.S. debt, threatening an eventual economic crisis.

Social Security benefits are projected under current law to be automatically cut in 2032. And Medicare benefits are projected to be automatically cut in 2033. Congressional Republicans intend for those automatic cuts to occur, opposing new taxes to prevent cuts. And they are using the ballooning national debt as an excuse to also oppose new general revenue spending to prevent benefit cuts.

Keep ReadingShow less
​Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner at the White House.

Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner in the East Room of the White House on September 24, 2026 in Washington, DC.

Kevin Dietsch/Getty Images

When Leaders Disagree, Ceremony Plays an Important Role

When Chinese President Xi Jinping arrived at the White House on 24 September, the U.S. welcomed him with an elaborate display of ceremony. The Army Herald Trumpets sounded a fanfare, the Chinese and American national anthems were played, and the Old Guard Fife and Drum Corps performed. A military review was followed by a flyover involving a B-2 bomber and four F-22 fighter jets, according to the White House. It was an extraordinary production for two countries that still disagree on some of the most important issues in international politics.

Talks between President Donald Trump and Xi touched on trade, artificial intelligence and Taiwan. The visit was marked by warm words and some signs of cooperation, but it did not erase the fundamental competition between the United States and China. So why was all this ceremony staged? It is tempting to dismiss political pomp as mere window dressing: an expensive historical relic surrounding the serious business taking place behind closed doors. As a music historian, however, I think this misunderstands what ceremony does. Ceremony can become particularly valuable when words alone are not enough.

Keep ReadingShow less
Americans Voting in an Election

Americans Voting in an Election

Getty Images

Voting Is Not Just a Privilege It Is Every Citizens’ Responsibility

Despite the consistent determinations that US elections are secure across the country and there is virtually no evidence of non-citizens voting, in reports released as recently as September 2026; President Trump has doubled down on his claims that voter fraud is a major problem in America and on October 20th, he announced a new $25 Million Fraud Whistleblower program to be administered by the Department of Justice.

This announcement achieves a variety of the president’s goals: (i) It intentionally perpetuates the misinformation, that voter fraud is a serious problem in the United States; (ii) it undermines the trust in the voting systems, as well as in the states administering the elections; (iii) it fosters distrust amongst neighbors, who are more likely to suspect people of color and report them for a reward. This has the concomitant benefit of (iv) intimidating people who are in fear of going to the polls and (v) It gives the illusion that the federal government is prepared to give away more free money (along with the Tariff rebate checks, the Trump Accounts, the DOGE dividend, the direct payments for healthcare and the $5,000 for supporting GOP midterm candidates.)

Keep ReadingShow less
Capitol building with American flag behind it

Political Polarization and Extremism

Getty Images

Both Parties Have Forgotten How to Lose: It’s Time for Guardrails

On November 3 Americans vote in the midterm elections, and the most important question may be whether the losers accept the result. A Pew survey this summer found that just 55 percent of Americans are confident the midterms will be run fairly and accurately, down from 64 percent in 2022. The partisan detail is more revealing. Since 2024, Republican confidence has risen and Democratic confidence has fallen from 77 percent to 58 percent. Trust in the referee now depends on who holds power.

Democracy rests on a kind of sportsmanship agreement. The theologian Reinhold Niebuhr put it well: man’s capacity for justice makes democracy possible, but his inclination to injustice makes it necessary. B. R. Ambedkar, the chief architect of India’s constitution, called democracy a method of bringing revolutionary change without bloodshed. Both understood that the system works only if the losing side agrees to try again next time instead of burning down the field. Americans in both parties are forgetting how to do that.

Keep ReadingShow less