The Mercury News

High court to hear test of political gerrymande­ring

Wisconsin case could affect party division; California unaffected

- From staff and wire reports

The Supreme Court will take up a fight over parties manipulati­ng electoral districts to gain partisan advantage in a case that could affect the balance between Democrats and Republican­s in many states. California, however, is unlikely to see much of an effect from the high court’s considerat­ion of that case.

At issue is whether Republican lawmakers in Wisconsin drew legislativ­e districts that favored their party and were so out of whack with the state’s political breakdown that they violated the constituti­onal rights of Democratic voters. It will be the high court’s first case in more than a decade on what’s known as partisan gerrymande­ring. A lower court struck down the districts as unconstitu­tional last year.

However, in California, the state’s non-partisan redistrict­ing and its “toptwo” primary system have actually led to more-competitiv­e races, some even pitting members of the same party against one another.

In California, redistrict­ing is the responsibi­lity of an independen­t commission set up to ensure no one party unduly influences the outcome.

The process, set up through a 2008 ballot measure and refined in 2010, creates a 14-member Citizens Redistrict­ing Commission made up of five Democrats, five Republican­s and four people who don’t belong to either party.

The commission oversees redistrict­ing for both state legislativ­e offices and congressio­nal districts.

Supreme Court justices won’t hear the arguments in the Wisconsin until the fall, but the case has already taken on a distinctly ideologica­l, if not partisan, tone.

Just 90 minutes after justices announced Monday that they would hear the case, the five more conservati­ve justices voted to halt a lower court’s order to redraw the state’s legislativ­e districts by November, in time for next year’s elections.

The four more liberal justices, named to the court by Democrats, would have let the new line-drawing proceed even as the court considers the issue.

That divide could be significan­t. One factor the court weighs in making such decisions is which side seems to have a better chance of winning.

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