Boston Herald

Gerrymande­ring cases disposed on technicali­ties

SCOTUS avoids ruling on voting district ‘packing and cracking’

- By KIMBERLY ATKINS — kimberly.atkins@bostonhera­ld.com

WASHINGTON — Two potential blockbuste­r U.S. Supreme Court cases that could have shifted the balance of political power in legislativ­e districts across the country ended yesterday with a punt by the justices.

Instead of ruling on the constituti­onality of political gerrymande­ring — where state legislatur­es draw state and federal congressio­nal district lines in order to help preserve the advantage of one political party — the court instead disposed of challenges to district maps in Maryland and Wisconsin on the basis of procedural technicali­ties.

But with more constituti­onal challenges in the pipeline, the issue could rebound to the nation’s highest court by the 2020 election.

“The Supreme Court missed an opportunit­y today to lay down a firm marker as to when partisan gerrymande­ring is so extreme that it violates the constituti­onal rights of voters,” said Dale Ho, director of the ACLU’s Voting Rights Project, which has lodged challenges to other states’ voting districts, including Ohio.

In a unanimous opinion, Chief Justice John G. Roberts wrote that the challenger­s to Republican-drawn district maps in Wisconsin failed to show “particular­ized injuries” that would allow them to bring the constituti­onal challenge. In the Maryland case, the justices said in an unsigned opinion that the challenger­s of a Democratic politicall­y gerrymande­red district failed to show they were entitled to a preliminar­y injunction.

But both cases will continue in lower courts as more challenges from states including Ohio and North Carolina make their way through the courts, all but ensuring the nation’s highest court will get another crack to lay down a standard to determine when political gerrymande­ring runs afoul of the Constituti­on.

In a concurrenc­e, Justice Elena Kagan wrote that it is the duty of courts to consider this question in the future as the practice of voting district “packing and cracking” becomes more common.

“Courts have a critical role to play in curbing partisan gerrymande­ring,” Kagan wrote, adding: “politician­s’ incentives conflict with voters’ interests, leaving citizens without any political remedy for their constituti­onal harms.”

Voting rights attorneys and advocates expressed an urgency to get more challenges to the court to rule before the next round of electoral map-drawing.

“Resolution of these issues for both lawmakers and voters is critical as we rapidly approach the 2020 redistrict­ing cycle,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law.

 ?? AP FILE PHOTO ?? DRAWN TO DEMONSTRAT­E: Ashley Oleson of the Maryland League of Women Voters carries cutouts of the state’s voting districts during a protest against gerrymande­ring outside the Supreme Court in March.
AP FILE PHOTO DRAWN TO DEMONSTRAT­E: Ashley Oleson of the Maryland League of Women Voters carries cutouts of the state’s voting districts during a protest against gerrymande­ring outside the Supreme Court in March.

Newspapers in English

Newspapers from United States