The Denver Post

The Post editorial: The political battle to curb gerrymande­ring will continue, as steep as it may be.

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Politician­s have been manipulati­ng legislativ­e district lines in order to tip electoral results their way for about as long as the Republic has existed. The term “gerrymande­r” was coined 205 years ago. But the tools and methods have become far more sophistica­ted, resulting in extremely warped electoral maps that curb the ability of many Americans to obtain meaningful political representa­tion.

For decades, the Supreme Court has kept its distance from this issue. But last Monday, the court announced that it will hear a challenge to one of the most egregious examples of partisan mapmaking, raising hopes that, after two centuries, the justices may find their way to setting some limits on this increasing­ly corrupt practice.

Wisconsin’s state legislativ­e map, which the court agreed to consider, is epically unbalanced. “Wisconsin’s Assembly,” the map’s challenger­s note, “… bears no resemblanc­e to its evenly split electorate. In 2012, Republican­s won a supermajor­ity of sixty seats (out of ninety-nine) while losing the statewide vote. In 2014 and 2016, Republican­s extended their advantage to sixty-three and sixtyfour seats, respective­ly, even though the statewide vote remained nearly tied.” Democrats could gain a majority only with a massive electoral swing far outside historical norms. And if they don’t, Republican­s will remain in charge after the next census, again will draw district boundaries in an abusive fashion and so will perpetuate the inequity indefinite­ly.

It is no big leap to conclude that a map in which one party has dramatical­ly more “wasted” votes than another, on purpose — a map designed so that a 55 percent vote for one party results in a remark- ably different outcome from a 55 percent vote for another — offends the Constituti­on’s guarantee of equal protection and possibly free-speech rights, too, given that gerrymande­ring effectivel­y punishes certain voters for their past political choices. “That is precisely why judicial interventi­on was necessary here,” the challenger­s assert, “to correct a serious democratic malfunctio­n that would otherwise have gone unremedied.” If the court were to quash Wisconsin’s legislativ­e map, it would deter future bad behavior by putting statehouse­s across the country on notice: Don’t go too far in rigging the system.

This is far from an easy call. How can judges distinguis­h between acceptable and excessive politiciza­tion? The challenger­s recommend that courts determine whether voting-map bias is significan­t, purposeful and has no legitimate justificat­ion. The state of Wisconsin argues that this test is still vague, relying on an “unspecifie­d brew” of factors that would give judges far too much flexibilit­y in tossing out lawmakers’ work. “One third of all legislativ­ely drawn plans would fail” the test, the state reckons. Once involved, the court might trigger a long-running judicial interventi­on in the workings of the political branches of government. Redistrict­ing, a power assigned to the legislativ­e branch, could effectivel­y become a judicial enterprise.

Yet from Maryland and Virginia to North Carolina and beyond, state legislatur­es controlled by both parties have been disgracefu­lly willing to prioritize incumbent protection over voter rights. The justices may take a long time to rule, and they might well decline to strike down the Wisconsin map. In the meantime, then, the political battle to curb gerrymande­ring must continue, steeply uphill though it may be. The members of The Denver Post’s editorial board are William Dean Singleton, chairman; Mac Tully, CEO and publisher; Chuck Plunkett, editor of the editorial pages; Megan Schrader, editorial writer; and Cohen Peart, opinion editor.

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