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

A woman timing another women in the military as she does push ups.

A female Marine completes an abdominal plank as part of her physical fitness test in 2022.

Lance Cpl. Elijah Hurtado/U.S. Marine Corps

Hegseth Made the Fitness Test Harder for Women in Combat Roles. Most Female Marines Are Passing.

When Defense Secretary Pete Hegseth summoned hundreds of generals and admirals from around the world to Quantico, Virginia, last September, he delivered a blunt message: Things were changing fast in the newly renamed Department of War.

“No more division, distraction, or gender delusions,” he said. “We are done with that shit.”

Keep ReadingShow less
How Composting Connected Two Women Across Six Decades

An 82-year-old and 24-year-old bonded over composting—and discovered shared roots, values, and a friendship that broke every generational stereotype.e

Cavan Images/Getty Images

How Composting Connected Two Women Across Six Decades

Every day, we cross paths with people whose lives seem completely different from our own. We exchange polite greetings with neighbors, chat briefly with acquaintances, and pass strangers without ever learning their stories. Yet beneath the surface, we often share more than we realize. Sometimes, all it takes is one conversation. Jean and Bella, 82 and 24 respectively, discovered this through their interest in composting.

Bella regularly attended a Sunday morning "Cookies and Conversation" intergenerational discussion group at Hebrew SeniorLife, where Jean lives in Brookline, MA. The two had spoken before, but only in passing. Like many people meeting someone from a different generation, Bella wasn't always sure how to bridge the gap.

Keep ReadingShow less
people filling out their ballots at voting booths and submitting their vote.

Independent voters may hand Democrats control of Congress this fall — but as history shows, they'll get nothing in return. Here's how to change that.

Pressmaster/Getty Images

Swinging Outcomes Is Not Enough

The midterms are six weeks away, and polls predict that independent voters, who broke for Donald Trump in 2024, are planning on voting for Democrats by wide margins. Among Latinos, the numbers are staggering, to the point that the Republican gerrymanders in Florida and Texas may actually result in Democratic victories.

If the Democrats take control of Congress, it will be because of independents. And what do independents get in return?

Keep ReadingShow less
Nigeria and United States flags together realtions textile cloth fabric texture

Nigeria and United States flags together

Getty Images

Democracy in Nigeria Has Taught Me What It Offers

The Fulcrum is committed to nurturing the next generation of journalists.

We asked Idris Mohammed, a Fall Fulcrum Fellow, to share what democracy means to her and her view of its current health.

Keep ReadingShow less