Skip to content
Search

Latest Stories

Follow Us:
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

Voter ID shouldn’t be this controversial

Residents check in to participate in in-person absentee voting (early voting) at the Municipal Building on March 26, 2025, in Kenosha, Wisconsin.

(Scott Olson/Getty Images/TNS)

Voter ID shouldn’t be this controversial

Jonah Goldberg: Voter ID shouldn’t be this controversial

Jonah Goldberg February 11, 2026Residents check in to participate in in-person absentee voting (early voting) at the Municipal Building on March 26, 2025, in Kenosha, Wisconsin. (Scott Olson/Getty Images/TNS)

President Trump says that “Republicans” should “nationalize the election” or at least take over voting in up to 15 places where he says voting is corrupt. His evidence of fraudulent voting is that he lost in such places in 2020, and since it is axiomatic that he won everywhere, the reported results are proof of the fraud.

Keep ReadingShow less
Democrats’ Demands for ICE Reform Are Too Modest – Here’s a Better List

Protestors block traffic on Broadway as they protest Immigration and Customs Enforcement (ICE) at Columbia University on February 05, 2026 in New York City.

Getty Images, Michael M. Santiago

Democrats’ Demands for ICE Reform Are Too Modest – Here’s a Better List

In a perfect world, Democrats would be pushing to defund ICE – the position supported by 76% of their constituents and a plurality of all U.S. adults. But this world is far from perfect.

On February 3, 21 House Democrats voted with Republicans to reopen the government and keep the Department of Homeland Security (DHS) funded for two weeks. Democrats allege that unless there are “dramatic changes” at DHS and “real accountability” for immigration enforcement agents, they will block funding when it expires.

Keep ReadingShow less
Why ICE's Aggressive Tactics are a Public Health Crisis

Following killings in Minneapolis, ICE operations reignite concerns over overpolicing, racial profiling, and the mental health toll on Black communities nationwide.

Getty Images, David Berding

Why ICE's Aggressive Tactics are a Public Health Crisis

Following the recent killings of Renee Nicole Good and Alex Pretti in Minneapolis, federal Immigration and Customs Enforcement (ICE) agents continue to conduct operations across the country. In recent weeks, under-the-radar sweeps have been reported in communities from California to North Carolina.

ICE’s use of targeted policing, harassment, and excessive force has pushed the issue of overpolicing to the forefront again. For many in Black communities across the U.S., these patterns feel painfully familiar, especially considering the agents are charged with infiltrating communities of color to detain “illegal immigrants.” And while some cases of aggressive policing make headlines, there are countless others that never make the news. Nevertheless, the harm is real, affecting the collective mental health of communities of color and others as well.

Keep ReadingShow less
Solidarity Without Borders: Civil Society Must Coordinate Internationally to Protect Democracy and Rights

People standing, holding letters that spell out "courage."

Photo provided

Solidarity Without Borders: Civil Society Must Coordinate Internationally to Protect Democracy and Rights

Across every continent, marginalized communities face systematic, escalating threats wherever democracy comes under attack. In the United States, Black Americans confront voter suppression and attacks on our history. Across the Americas, immigrants and racialized communities face racial profiling and assault by immigration enforcement. In Brazil and across South America, Indigenous peoples endure environmental destruction and rising violence. In Europe, Roma communities, immigrants, and refugees experience discrimination and hostile policies. Across Africa, the Middle East, and Asia, members of marginalized ethnic and religious communities face state violence, forced labor, and the denial of basic human rights. In every region of the world, members of the LGBTQ+ community face discrimination and threats.

These are not random or isolated acts of oppression. When considered together, they reveal something more sinister: authoritarianism is becoming increasingly more connected and coordinated around the world. This coordination specifically targets the most vulnerable because authoritarians understand that it is easier to manipulate a divided and fearful society. Attacking those who are most marginalized weakens the entire democratic fabric.

Keep ReadingShow less