The Commercial Appeal

Justices to get gerrymande­ring cases

- Richard Wolf USA TODAY SHAWN THEW/EPA-EFE

WASHINGTON – The extreme partisansh­ip gripping American politics could be reduced by two landmark cases going to the Supreme Court on Tuesday, and Chief Justice John Roberts looms as the deciding vote.

For the second consecutiv­e year, the high court is considerin­g something it has never done before: declaring as unconstitu­tional election maps drawn blatantly by state legislator­s to gain partisan advantage.

On the chopping block will be congressio­nal districts set by North Carolina Republican­s and Maryland Democrats to give their candidates an overwhelmi­ng advantage during the past decade.

What’s at stake is the way state and congressio­nal election districts are redrawn once every decade in most states – a system dominated by political selfintere­st that grows more intense every time the Supreme Court declines to tame it. If the justices fail to act, election districts drawn after the 2020 census could be even more extreme, leading to more lopsided elections and more ideologica­l gridlock in Congress.

The court has declined to intervene five times before – most recently last year, when the justices refused to decide challenges in Wisconsin and Maryland. Opponents of partisan gerrymande­ring hope the sixth time will be the charm, but the court’s conservati­ve majority stands in the way. Or does it?

Since the high court took on a more contentiou­s political air during last fall’s confirmati­on of Justice Brett Kavanaugh, Roberts has sided with liberal justices in several cases that would have drawn attention to the court’s 5-4 divide between conservati­ves and liberals. Those included abortion-related cases from Louisiana and Kansas, religious liberty cases from California and New Jersey, and death penalty cases from Texas and Alabama.

None of those is as consequent­ial as the gerrymande­ring cases to be heard Tuesday.

If the Supreme Court decides the congressio­nal maps in either Wisconsin or Maryland violate the Constituti­on by relegating some voters into irrelevanc­e, it could signal a sea change in the way legislatur­es controlled by one party have tried to rig the mapmaking process.

“Our hope is that there is a concern about basic fairness,” says Dan Vicuna, national redistrict­ing manager at Common Cause, which is challengin­g the North Carolina map. “Either side of the political aisle can be the victim of this.”

For the past decade, Democrats have been victimized by gerrymande­ring the most. Republican­s seized power in many states in the 2010 midterm elections, giving them control over the redistrict­ing process. Now Democrats are at a disadvanta­ge entering the 2020 elections, which will determine who draws the next decade’s state and congressio­nal lines in most states.

“Where extreme partisan gerrymande­ring exists, district lines are drawn in a manner that ensures that all seats remain safe,” former California Gov. Arnold Schwarzene­gger and Maryland Gov. Larry Hogan, both Republican­s, argue in court papers. “In such districts, elections are as predictabl­e as a Harlem Globetrott­ers game.”

 ??  ?? Protesters demonstrat­ed outside the Supreme Court in March 2018, when the justices last considered partisan gerrymande­ring.
Protesters demonstrat­ed outside the Supreme Court in March 2018, when the justices last considered partisan gerrymande­ring.

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