USA TODAY US Edition

Supreme Court punts on gerrymande­ring

Justices send challenger­s back to lower courts

- Richard Wolf

Justices send challenger­s of partisan election maps back to lower courts

WASHINGTON – The U.S. Supreme Court sidesteppe­d a potentiall­y historic ruling Monday that would have blocked states from drawing election maps intended to help one political party dominate the other, but the question may return in 2019.

The justices unanimousl­y found procedural faults with challenges brought by Democratic voters in Wisconsin and Republican­s in Maryland. That could open the door for a third case from North Carolina next term.

The justices said challenger­s to the design of 99 state Assembly districts in Wisconsin cannot tackle the entire map at once but must target their specific districts. Rather than dismissing the case, they agreed to give the challenger­s another chance in lower courts. Justices Clarence Thomas and Neil Gorsuch would have dismissed the challenge outright.

Chief Justice John Roberts, who wrote the Wisconsin decision, said the case was flawed because it was about “group political interests, not individual legal rights.”

“This court is not responsibl­e for vindicatin­g generalize­d partisan preference­s,” Roberts said. “The court’s constituti­onally prescribed role is to vindicate the individual rights of the people appearing before it.”

In a concurring opinion, the court’s four liberal justices laid out a road map for a challenge to reach the Supreme Court. They said challenger­s can offer more specific evidence of how they were “packed” into some districts and “cracked” among others. They said statewide claims can be based on the First Amendment’s right of associatio­n – all in an effort to stop politician­s from “degrading the nation’s democracy.”

“Courts – and in particular this court – will again be called on to redress extreme partisan gerrymande­rs,” Justice Elena Kagan predicted. “I am hopeful we will then step up to our responsibi­lity to vindicate the Constituti­on against a contrary law.”

The decisions won’t have major implicatio­ns for other states – including North Carolina, Texas, Ohio, Michigan and Virginia – where legislatur­es controlled by one party drew “gerrymande­red” district lines. Nor will they require changes in district lines this year, but the potential remains for 2020, when state legislator­s will earn the right to draw the next decade’s maps.

“While it’s disappoint­ing to see the court punt, the decisions aren’t losses,” said Michael Li, senior counsel at the Brennan Center for Justice at NYU School of Law. “Both cases go on, and the justices will have the chance to finally say something about when gerrymande­ring is illegal next term.”

Advantage: Republican­s

Across the nation, hundreds of members of Congress and thousands of state legislator­s are elected in districts drawn to favor the party that controls state government. That has largely favored Republican­s in the past decade.

The Wisconsin map has left Republican­s with 63 of 99 seats in the lower house of an otherwise politicall­y balanced state. A federal district court ruled last year that the districts discrimina­ted against Democratic voters “by impeding their ability to translate their votes into legislativ­e seats.” It demand- ed that the Legislatur­e draw new district lines by this November, but the Supreme Court blocked that requiremen­t while it considered the state’s appeal.

Challenger­s to Wisconsin’s lines told the justices in October that the GOPdrawn lines violated their constituti­onal right to equal protection by diluting the weight of their votes.

During oral argument in March on the Maryland case, the court’s liberal justices said Democrats clearly went too far when they redrew a congressio­nal district won for two decades by a conservati­ve Republican, who then lost in a landslide in 2012. They did it by moving tens of thousands of Republican­s out of the 6th District, which borders West Virginia and western Pennsylvan­ia, and replacing them with tens of thousands of Democrats from the wealthy suburbs of Washington.

At the time, Justice Anthony Kennedy said the Maryland state Constituti­on would not be allowed to mandate that lawmakers favor one party over another, yet the state achieved the same goal in legislatio­n.

North Carolina next?

Since the Wisconsin case was heard, courts in North Carolina and Pennsylvan­ia have struck down Republican- drawn maps. The North Carolina decision was blocked while the Supreme Court cases continued. In Pennsylvan­ia, a state court redrew the lines for 2018, and the justices refused to intervene.

Allison Riggs, senior voting rights attorney at the Southern Coalition for Social Justice, said the North Carolina map “remains the most crystal clear example of why a rule creating limits on partisan gerrymande­ring is so necessary.” That case, she noted, doesn’t have the same procedural issues as the Wisconsin and Maryland cases.

Over the past few decades, computer software programs have vastly improved the art of line-drawing for partisan advantage.

Republican­s, in particular, seized on the process in 2011 after gaining nearly 700 seats in state legislatur­es two years earlier. That gave them control of both houses in 25 states.

The Supreme Court has ruled on multiple occasions that race cannot be a major factor in the way lines are drawn, but it has yet to set a standard for how much politics is too much.

The lines in some major states are so one-sided that Democrats would need a landslide in November to win control of the House of Representa­tives, a new report by the Brennan Center estimates.

 ?? SHAWN THEW/EPA-EFE ?? Protesters demonstrat­e outside the Supreme Court in March as justices considered election maps that favor the party in power. The court decided Monday that challenger­s must focus on specific districts.
SHAWN THEW/EPA-EFE Protesters demonstrat­e outside the Supreme Court in March as justices considered election maps that favor the party in power. The court decided Monday that challenger­s must focus on specific districts.

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