Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Judges have no role in evaluating partisan gerrymandering, Supreme Court rules

There is no constitutional limit to the use of political muscle in drawing legislative boundaries to favor the party in power, the Supreme Court ruled on Thursday.

The decision is a landmark setback for those who view partisan gerrymandering as one of the biggest problems plaguing American democracy. Rather than work with new judicial tests for the limits lawmakers can go to in crafting congressional and state legislative district lines for partisan gain, advocates of redistricting reform will instead need to redouble their efforts to drain politics out of electoral mapmaking state by state.


Partisan gerrymandering claims present political questions "beyond the reach of the federal courts," Chief Justice John Roberts wrote for the 5-4 majority: "None of the proposed tests for evaluating partisan gerrymandering claims meets the need for a limited and precise standard that is judicially discernable and manageable."

The justices upheld congressional districts in North Carolina drawn by the GOP and in Maryland drawn by the Democrats. The ruling also casts in doubt decisions by lower federal courts this spring that held the Republican-dominated congressional maps in Ohio and Wisconsin were unconstitutional

The five conservative justices said that federal courts should defer to the will of state mapmakers because there exists no clear standard to determine when a map is so egregiously drawn in favor of one party that it violates the Constitution.

The court's four liberal justices disagreed, saying the court was obligated to intervene in cases when the state's majority party has drawn a map for the purposes of maintaining power.

"For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities," Justice Elena Kagan wrote for the dissenters. "The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives."


Read More

A crowd of protestors standing on a sidewalk, many holding protest signs.

Suffragists protest President Woodrow Wilson in Chicago in October 1916, four years before ratification of the 19th Amendment. The history of voting rights has never been a clean march forward; even rights later treated as inevitable were won through pressure, backlash and years of state-by-state organizing.

Universal History Archive

What 250 Years of Voting Rights Battles Tell Us About Today

Happy Fourth of July, on this 250th anniversary of the United States. We’re living through extraordinary times in American democracy, as President Trump presses for greater federal control over elections and redistricting slips loose from its once-a-decade rhythm. As always, Votebeat is focused on an essential part of it: who gets to vote, who makes the rules, and what those votes are worth.

That question has loomed over the nation from the beginning. Voting history is often framed as a steady expansion from white male landowners to everyone else. The truth is messier. States have always experimented with expanding the franchise, retracting it, and expanding it again.

Keep ReadingShow less
Woman struggling to pull blue donkey with rope

Should Democrats redefine their mission? How the Declaration of Independence, equality, and America's founding principles offer a vision for Democratic Party reform.

Klaus Vedfelt / Getty Images

Centrist Democrats' New "Promise to America." Ho-Hum.

Centrist Democratic politicians, upset by the wins of Democratic Socialists in the recent primaries, have issued a statement of their convictions. Called "The Promise to America," it sounds good, responding to many of the problems we face. But they are empty promises, even if well-meant.

How can I say that? First, Democrats have been saying similar things for years. Yet despite the rhetoric, the people are hurting. Why? It's not just because of Trump and the Republicans; it's because the government—Democrats as well as Republicans—have lost sight of the meaning and implications of our founding principles. It is to those principles that Democrats must dedicate themselves. See my article, "People are Hurting - The U.S. Must Return to Our Founding Principles."

Keep ReadingShow less
 Lego Bricks in child hands

How imagination shapes our future and the American spirit.

Ekaterina79 / Getty Images

The Dreams That Built America—and Will Carry Us Forward

Ah love, let us be true

To one another! For the world, which seems

Keep ReadingShow less