Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Three things to watch at Supreme Court’s partisan mapmaking arguments

The Supreme Court is having another go at a question it's never been able to answer: Can partisanship ever become unconstitutionally excessive in the process of drawing legislative districts?

A year ago, the court sidestepped the question on procedural grounds in one case challenging Wisconsin's Republican-drawn state legislative map and another contesting the way Democrats drew the congressional districts in Maryland.

For two hours starting at 10 a.m. Tuesday, the court will revisit the current Maryland map, which has contributed to the election of seven Democrats but just one Republican in the last four cycles (that case is called Lamone v. Benisek) but a different challenge to a Republican effort at partisan gerrymandering. That one, Rucho v. Common Cause, centers on a House map for North Carolina that's routinely elected 10 Republicans but only three Democrats.

The cases present the justices with a clear opportunity for a landmark ruling (probably in June) about the nature of American politics, settling a dispute that has been vexing advocates for democracy reform for more than two decades: Can there ever be a constitutional limit to partisan dominance of the legislative mapmaking process? And, if the answer is yes, then what is the formula for deciding that limit?

Transcripts will be released later Tuesday, and an audio tape by the end of the week. Here are three ways to parse the arguments for clues about the outcome:


1. Will the newest justice tip his hand?

In a partisan gerrymandering challenge to Pennsylvania's map in 2004, the court ruled 5-4 against intervening, with Justice Anthony Kennedy siding with his four conservative colleagues in the majority.

Kennedy, however, opened the door to revisiting the constitutionality of partisan gerrymandering in a future case, assuming anyone could present a "manageable standard" in which to identify it.

"If courts refuse to entertain any claims of partisan gerrymandering, the temptation to use partisan favoritism in districting in an unconstitutional manner will grow," he wrote. "On the other hand, these new technologies may produce new methods of analysis that make more evident the precise nature of the burdens gerrymanders impose on the representational rights of voters and parties."

Kennedy's concern about the potential threat to democracy posed by partisan gerrymandering was clear.

But it's unclear where Kennedy's successor, Justice Brett Kavanaugh, lands on the question of the court's role in refereeing congressional mapmaking, which the Constitution has designated to the will of each state.

Kavanaugh's "balls and strikes" jurisprudence would suggest he'll be less receptive to judicial interference, but this will be his first opportunity to weigh in on the practice of partisan gerrymandering.

2. Were N.C. Republicans too transparent?

If the justices conclude gerrymandering can get too partisan for the Constitution, they won't need data analysis to identify it in one case.

State Rep. David Lewis, a leader of the GOP cartographers in charge when the current North Carolina districts were set in 2016, flat out asserted that his side's motive was to minimize Democratic power.

"We want to make clear that we, to the extent that we are going to use political data in drawing this map, it is to gain partisan advantage," he said at one legislative hearing. "I proposed that we draw the maps to give a partisan advantage to 10 Republicans and 3 Democrats because I do not believe it's possible to draw a map with 11 Republicans and 2 Democrats."

Will the judges focus on this acknowledgment in their questioning?

3. Has the chief justice's thinking evolved?

Last term, those challenging the state House map in Wisconsin offered a mathematical formula to support their case. The metric was known as the "efficiency gap," which political scientists developed to measure the number of votes "wasted" by district boundaries drawn to favor one political party.

Chief Justice John Roberts was skeptical. During oral arguments, he famously referred to the political science community's best shot at an analytical analysis of extreme partisan gerrymandering as "sociological gobbledygook."

The challenges to the North Carolina and Maryland districts will again rely on research methods developed to analytically define extreme gerrymandering. Will Roberts be as dismissive?


Read More

Post office trucks parked in a lot.

Changes to USPS postmarking, ranked choice voting fights, costly runoffs, and gerrymandering reveal growing cracks in U.S. election systems.

Photo by Sam LaRussa on Unsplash.

2026 Will See an Increase in Rejected Mail-In Ballots - Here's Why

While the media has kept people’s focus on the Epstein files, Venezuela, or a potential invasion of Greenland, the United States Postal Service adopted a new rule that will have a broad impact on Americans – especially in an election year in which millions of people will vote by mail.

The rule went into effect on Christmas Eve and has largely flown under the radar, with the exception of some local coverage, a report from PBS News, and Independent Voter News. It states that items mailed through USPS will no longer be postmarked on the day it is received.

Keep ReadingShow less
Congress Must Stop Media Consolidation Before Local Journalism Collapses
black video camera
Photo by Matt C on Unsplash

Congress Must Stop Media Consolidation Before Local Journalism Collapses

This week, I joined a coalition of journalists in Washington, D.C., to speak directly with lawmakers about a crisis unfolding in plain sight: the rapid disappearance of local, community‑rooted journalism. The advocacy day, organized by the Hispanic Technology & Telecommunications Partnership (HTTP), brought together reporters and media leaders who understand that the future of local news is inseparable from the future of American democracy.

- YouTube www.youtube.com

Keep ReadingShow less
People wearing vests with "ICE" and "Police" on the back.

The latest shutdown deal kept government open while exposing Congress’s reliance on procedural oversight rather than structural limits on ICE.

Getty Images, Douglas Rissing

A Shutdown Averted, and a Narrow Window Into Congress’s ICE Dilemma

Congress’s latest shutdown scare ended the way these episodes usually do: with a stopgap deal, a sigh of relief, and little sense that the underlying conflict had been resolved. But buried inside the agreement was a revealing maneuver. While most of the federal government received longer-term funding, the Department of Homeland Security, and especially Immigration and Customs Enforcement (ICE), was given only a short-term extension. That asymmetry was deliberate. It preserved leverage over one of the most controversial federal agencies without triggering a prolonged shutdown, while also exposing the narrow terrain on which Congress is still willing to confront executive power. As with so many recent budget deals, the decision emerged less from open debate than from late-stage negotiations compressed into the final hours before the deadline.

How the Deal Was Framed

Democrats used the funding deadline to force a conversation about ICE’s enforcement practices, but they were careful about how that conversation was structured. Rather than reopening the far more combustible debate over immigration levels, deportation priorities, or statutory authority, they framed the dispute as one about law-enforcement standards, specifically transparency, accountability, and oversight.

Keep ReadingShow less
ICE Monitors Should Become Election Monitors: And so Must You
A pole with a sign that says polling station
Photo by Phil Hearing on Unsplash

ICE Monitors Should Become Election Monitors: And so Must You

The brutality of Immigration and Customs Enforcement (ICE) and the related cohort of federal officers in Minneapolis spurred more than 30,000 stalwart Minnesotans to step forward in January and be trained as monitors. Attorney General Pam Bondi’s demands to Minnesota’s Governor demonstrate that the ICE surge is linked to elections, and other ICE-related threats, including Steve Bannon calling for ICE agents deployment to polling stations, make clear that elections should be on the monitoring agenda in Minnesota and across the nation.

A recent exhortation by the New York Times Editorial Board underscores the need for citizen action to defend elections and outlines some steps. Additional avenues are also available. My three decades of experience with international and citizen election observation in numerous countries demonstrates that monitoring safeguards trustworthy elections and promotes public confidence in them - both of which are needed here and now in the US.

Keep ReadingShow less