Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Gerrymandering Test the Boundaries of Fair Representation in 2026

News

Gerrymandering Test the Boundaries of Fair Representation in 2026

Supreme Court, Allen v. Milligan Illegal Congressional Voting Map

A wave of redistricting battles in early 2026 is reshaping the political map ahead of the midterm elections and intensifying long‑running fights over gerrymandering and democratic representation.

In California, a three‑judge federal panel on January 15 upheld the state’s new congressional districts created under Proposition 50, ruling 2–1 that the map—expected to strengthen Democratic advantages in several competitive seats—could be used in the 2026 elections. The following day, a separate federal court dismissed a Republican lawsuit arguing that the maps were unconstitutional, clearing the way for the state’s redistricting overhaul to stand. In Virginia, Democratic lawmakers have advanced a constitutional amendment that would allow mid‑decade redistricting, a move they describe as a response to aggressive Republican map‑drawing in other states; some legislators have openly discussed the possibility of a congressional map that could yield 10 Democratic‑leaning seats out of 11. In Missouri, the secretary of state has acknowledged in court that ballot language for a referendum on the state’s congressional map could mislead voters, a key development in ongoing litigation over the fairness of the state’s redistricting process. And in Utah, a state judge has ordered a new congressional map that includes one Democratic‑leaning district after years of litigation over the legislature’s earlier plan, prompting strong objections from Republican lawmakers who argue the court exceeded its authority.


These state‑level fights have revived a broader question: has partisan gerrymandering delivered the durable advantages its architects sought, particularly in states aligned with President Donald Trump? Analysts emphasize that gerrymandering is carried out by state legislatures, courts, and independent commissions—not by the presidency—and cannot be attributed to any single national figure. Still, Trump benefits indirectly from Republican‑drawn maps in states where GOP legislatures aligned with his agenda and where courts allowed those maps to stand.

Research and analyses from organizations such as the Brennan Center for Justice, as well as reporting by AP News and Reuters, have shown that Republican‑drawn maps in states like Texas, Florida, Georgia, and North Carolina have historically produced durable advantages in congressional and legislative seats. At the same time, those advantages have been blunted by court rulings and Democratic counter‑moves in states such as Alabama, Louisiana, New York, California, and Virginia, where new maps have expanded Democratic representation or reduced partisan bias.

Political scientists and election‑law experts describe the current landscape as a two‑sided “redistricting arms race,” with both parties using every available legal tool to shape the national map heading into the 2026 midterm elections.

The intensity of today’s battles is rooted in a long history. Gerrymandering dates back to 1812, when Massachusetts Gov. Elbridge Gerry approved a state senate district so contorted that critics said it resembled a salamander, giving rise to the term “gerrymander."

Modern gerrymandering typically relies on “packing” voters of one group into a small number of districts or “cracking” them across many districts to dilute their influence. While the U.S. Supreme Court has ruled that racial gerrymandering can violate the Constitution, it held in Rucho v. Common Cause (2019) that partisan gerrymandering claims brought under the U.S. Constitution are beyond the reach of federal courts, shifting most disputes to state courts and independent commissions. In Allen v. Milligan (2023), the Court affirmed lower‑court rulings that blocked Alabama from using a congressional map that likely violated Section 2 of the Voting Rights Act by diluting Black voting power.

The democratic consequences are substantial. Research from the Brennan Center for Justice has shown that heavily gerrymandered states tend to produce fewer competitive races, limiting voter choice and reducing candidates' incentives to appeal beyond their base. Civil‑rights groups, including the NAACP Legal Defense Fund, have documented how racial gerrymandering can weaken the political influence of Black, Latino, and Native communities, particularly in the South and Southwest. Scholars associated with efforts like Princeton’s Gerrymandering Project have warned that extreme partisan maps can lock in legislative control for a decade or more, even when statewide vote totals shift, creating conditions some describe as “minority rule,” where the party with fewer votes holds more seats. Surveys by organizations such as the Pew Research Center have found that majorities of Americans believe gerrymandering undermines confidence in elections, a key pillar of democratic legitimacy.

Taken together, the latest rulings in California, the aggressive posture in Virginia, the ballot‑language fight in Missouri, and the court‑ordered map in Utah illustrate how redistricting has become a structural battleground over who is represented and how they are represented. As the 2026 midterms approach, democracy scholars and civic groups argue that the stakes extend beyond partisan advantage.

Gerrymandering is not just a technical exercise in map‑drawing; it is a mechanism that helps determine whose voices are heard, how power is distributed, and whether a pluralistic democracy can function as intended in a diverse and increasingly polarized nation.

Hugo Balta is the executive editor of The Fulcrum and the publisher of the Latino News Network


Read More

The Puncher’s Illusion: Winning the First Round and Losing the War
Toy soldiers in a battle formation
Photo by Saifee Art on Unsplash

The Puncher’s Illusion: Winning the First Round and Losing the War

In the Rumble in the Jungle, George Foreman came in expecting to end the fight early.

At first, it looked that way. He was stronger, faster, and landing clean punches. I watched the 1974 championship on simulcast fifty-two years ago and remember how dominant he was in the opening rounds.

Keep ReadingShow less
Calling Wealthy Benefactors!
A rusty house figure stands over a city.
Photo by Katja Ano on Unsplash

Calling Wealthy Benefactors!

My housing has been conditional on circumstances beyond my control, and the time is up; the owner is selling.

Securing affordable housing is a stressor for much of the working class. According to recent data, nearly 50% of renters are cost-burdened, meaning they spend over 30% of their take-home income on housing costs. Rental prices in California are especially high, 35% higher than the national average. Renting is routinely insecure. The lords of land need to renovate, their kids need to move in. They need to sell.

Keep ReadingShow less
An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

Keep ReadingShow less
Towards a Reformed Capitalism
oval brown wooden conference table and chairs inside conference room

Towards a Reformed Capitalism

Despite all the laws and regulations that apply to corporations, which for the most part are designed to make corporations more responsive to the greater good, corporations have wreaked great harm on our environment, their workers, their customers, and the general public. Despite all the rules, capitalism can still pretty much do what it wants.

The problem is not that the laws and regulations are not enforced, although that is partly true. The problem is more that the laws and regulations are weak because of the strong influence corporations have on both Congress (this is true of Democrats as well as Republicans) and those responsible for regulating.

Keep ReadingShow less