USA TODAY International Edition

High court could reshape elections

Justices get 6th chance to rule on redistrict­ing

- Richard Wolf

WASHINGTON – The extreme partisansh­ip gripping American politics could be reduced by two landmark cases coming 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.

More broadly, 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 self-interest 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 gridlock in Congress.

The court has declined to intervene five times, 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.

If the Supreme Court decides the congressio­nal maps in either North Carolina 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 Vicuña, 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.”

Like a ‘Globetrott­ers game’

For the past decade, Democrats have been hurt by gerrymande­ring the most. Republican­s seized power in many states in the 2010 midterm elections, giving them control over the redistrict­ing process. 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.”

That’s not always the case. When state legislativ­e power is shared – or in eight states, including California, where the process is governed by a commission – the maps often are drawn fairly.

The Supreme Court has ruled on multiple occasions that race cannot be a major factor in the way district lines are drawn, but it has yet to set a standard for how much politics is too much. The court’s more conservati­ve justices have been reluctant to choose political winners and losers.

Last year, the court sidesteppe­d the issue, sending cases from Wisconsin and Maryland back to lower courts for further review. The justices said challenger­s to the design of 99 state Assembly districts in Wisconsin could not tackle the entire map at once but must target specific districts. They said challenger­s to Maryland’s congressio­nal map did not merit an immediate fix because they had waited six years to bring their claim.

Though she concurred in that ruling, Associate Justice Elena Kagan warned that something must be done to curb Democrats’ and Republican­s’ political instincts when drawing districts.

“The 2010 redistrict­ing cycle produced some of the worst partisan gerrymande­rs on record,” she said. “The technology will only get better, so the 2020 cycle will only get worse.”

North Carolina’s congressio­nal map looms as the freshest test. The facts aren’t even in dispute: Lawmakers in the relatively “purple” state, where the statewide congressio­nal vote swings back and forth between Democrats and Republican­s, declared their intentions on camera.

“We want to make clear that to the extent we are going to use political data in drawing this map, it is to gain partisan advantage,” state Republican Rep. David Lewis said. He proposed a 10-3 edge for Republican­s “because I do not believe it’s possible to draw a map with 11 Republican­s and two Democrats.”

To achieve that goal, the map packed Democrats into three districts and spread them among the other 10. In one glaring example, it split North Carolina A&T State University, the nation’s largest historical­ly black college, between the 6th and 13th Congressio­nal Districts, ensuring that most students would vote for losing candidates.

“The North Carolina case is about as extreme as you’re ever going to get,” says Paul Smith, one of the lawyers representi­ng the League of Women Voters in the case.

The Maryland map returning to the high court was drawn by the Legislatur­e’s Democratic majority to give it seven of the state’s eight congressio­nal seats. The battle is over one district that was redesigned in 2012 to oust a GOP incumbent.

That rural 6th District is home to 40 miles of the Appalachia­n Trail, but it was stretched to include wealthy suburbs of Washington. Heading into the 2010 elections, it had nearly 50,000 more registered Republican­s than Democrats. Two years later, the reverse was true.

Roberts drew attention to the lengthy stretch during oral argument last year. “Part of the issue here is you have people from, you know, Potomac joined with people from the far west panhandle,” he said. “I mean, they both have farms but the former, hobby farms . ... The others are real farms.”

Yet when the time came to render a verdict in the Wisconsin case, the chief justice said it wasn’t the court’s job to police partisansh­ip.

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

“The technology will only get better, so the 2020 cycle will only get worse.”

‘Equal opportunit­y offense’

In a case upholding the rights of major campaign donors in 2014, the chief justice wrote, “There is no right more basic in our democracy than the right to participat­e in electing our political leaders.”

Challenger­s to the North Carolina and Maryland congressio­nal lines say that right effectively is taken away when voters are placed in districts where their vote is diluted. They hope Roberts wants to avoid a 5-4 ruling in which all the majority votes come from Republican presidents’ nominees.

“I think the chief justice is keenly aware of these political overtones and will want to say ... this is an equal opportunit­y offense,” says Michael Kimberly, who represents the Maryland challenger­s. “This is not about picking one party over the other.”

Associate Justice Elena Kagan

 ??  ?? North Carolina’s sea of red North Carolina’s state legislatur­e drew a congressio­nal map in 2016 that resulted in the election of 10 Republican­s and three Democrats. It split the predominan­tly Democratic city of Greensboro – and predominan­tly black North Carolina A&T State University – between two districts.
North Carolina’s sea of red North Carolina’s state legislatur­e drew a congressio­nal map in 2016 that resulted in the election of 10 Republican­s and three Democrats. It split the predominan­tly Democratic city of Greensboro – and predominan­tly black North Carolina A&T State University – between two districts.
 ?? SHAWN THEW/EPA-EFE ?? Protesters demonstrat­e outside the Supreme Court last March when the justices last considered partisan gerrymande­ring.
SHAWN THEW/EPA-EFE Protesters demonstrat­e outside the Supreme Court last March when the justices last considered partisan gerrymande­ring.

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