Chicago Sun-Times

Lawsuits too late for Nov. elections

Battles on district lines take years to play out

- Richard Wolf

WASHINGTON – The political battle for control of Congress and state legislatur­es in November and beyond has Democrats and Republican­s decrying election maps as unconstitu­tional while simultaneo­usly fighting over who will draw them in the future.

Democrats won the latest round Monday when the Supreme Court refused to intervene in Pennsylvan­ia, where the state’s highest court last month struck down congressio­nal district lines drawn by Republican­s. The maps have helped the GOP to win 13 of 18 House seats in the political battlegrou­nd state.

The high court’s greater impact could come in the next few months with rulings on partisan maps drawn by Republican­s in Wisconsin and Democrats in Maryland. Those decisions, in turn, could affect many of the 37 states where state lawmakers, rather than commission­s, draw the lines.

But while both parties are tied up in those and other legal battles — including in Michigan, North Carolina, Texas and Virginia — they also are fighting at the polls for control of the state legislatur­es that will draw the next set of maps following the 2020 Census.

“This could be years of court battles,” said Ben Wexler- Waite of Forward Majority, one of several groups organized by Democrats to win back state legislatur­es. “The courts are a critical front in the fight against gerrymande­ring, but itwould be very naive to think they’re a silver bullet.”

Pennsylvan­ia, in fact, may be the only state where court action leads to changes before November’s midterm elections. Even if the Supreme Court strikes down maps in Wisconsin or Maryland, new district lines aren’t likely to emerge before the next round of elections in 2020.

Those elections will determine who draws the maps for the following decade, possibly under guidance from the high court that stops lawmakers from being blatantly partisan.

“Risk- averse line drawers will do what they can to insulate themselves from lawsuits,” says Rick Hasen, an election law expert at the University of California- Irvine School of Law. “It would have a general, moderating effect on the drawing of these lines.”

Republican­s stormed into control of 25 state legislatur­es in the 2010 elections, then drew favorable federal and state district lines that have endured throughout the decade.

As a result, they have gained nearly 1,000 state legislativ­e seats and now control about two- thirds of all the chambers.

In 26 states, they control both houses of the legislatur­e and the governor’s office.

“The needle is pointed almost as far to the right as it possibly could right now,” says Michael McDonald, an expert on redistrict­ing at the University of Florida.

Even after November, he said, “the overall map will still be favoring the Republican­s. The Democrats will still need some sort of wind behind them.”

Democrats hope the wind comes this fall in the form of a gale against President Trump and Republican­s up and down the ballot.

“We’re only 16 seats away from flipping eight chambers,” says Jessica Post, executive director of the Democratic Legislativ­e Campaign Committee. “We know we can make strong gains all across the country, even in states where Republican­s have rigged the maps in their favor.”

 ?? JACK GRUBER/ USA TODAY ?? The fight for Congress and state legislatur­es is being fought simultaneo­usly this year in courts and at the polls.
JACK GRUBER/ USA TODAY The fight for Congress and state legislatur­es is being fought simultaneo­usly this year in courts and at the polls.

Newspapers in English

Newspapers from United States