3.2 Redistricting and gerrymandering

Redistricting and gerrymandering shape the electoral landscape, influencing who wins congressional seats. By redrawing district lines, parties can gain an advantage, potentially skewing representation and reducing competition. This process highlights the intersection of politics, geography, and power in shaping Congress.

Legal challenges and reform efforts aim to address the impacts of gerrymandering on fair representation. While racial gerrymandering faces strict scrutiny, partisan gerrymandering remains a contentious issue. Some states have adopted independent commissions to reduce political influence in redistricting.

Redistricting and Congressional Elections

Definition and Impact

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• Redistricting involves redrawing the boundaries of electoral districts to account for population changes, typically after each decennial census
• Redrawing district lines can significantly impact the competitiveness and outcome of congressional elections by altering the composition of the electorate within each district
  • Districts can be redrawn to create "safe seats" for a particular party, where the district heavily favors one party over another, reducing electoral competition
  • The party controlling the state legislature during redistricting often has the power to shape district boundaries to their advantage, potentially leading to partisan gerrymandering

Effects on Representation and Competition

• Redistricting can lead to disproportionate representation of a party in Congress compared to their overall vote share
  • A party with a minority of the overall vote share can win a majority of seats through strategic redistricting
• Redistricting can reduce electoral competition by creating safe seats for incumbents or favored parties
  • Incumbents in safe seats face little risk of losing re-election, reducing their incentive to be responsive to constituents
• Redistricting can impact the representation of racial and ethnic minorities
  • Districts can be drawn to either concentrate or disperse minority populations, potentially violating the Voting Rights Act (1965)

Gerrymandering and Electoral Outcomes

Definition and Types

• Gerrymandering is the manipulation of electoral district boundaries to create a political advantage for a particular party or group
• Two main types of gerrymandering:
  • Packing: Concentrating opposition voters into a few districts to minimize their influence in other districts
  • Cracking: Dispersing opposition voters across multiple districts to dilute their voting power
• Gerrymandered districts often have unusual or convoluted shapes as parties attempt to include or exclude specific populations for political gain

Impact on Representation and Democracy

• Gerrymandering can lead to disproportionate representation of a party in Congress compared to their overall vote share
  • In the 2012 U.S. House elections, Democrats won 50.5% of the popular vote but only 46.2% of seats due to gerrymandering
• Gerrymandering can entrench incumbent politicians and reduce electoral competition
  • Incumbents in gerrymandered districts are less likely to face competitive challenges, reducing accountability to voters
• Gerrymandering can negatively impact the representation of racial and ethnic minorities
  • Minority populations can be concentrated into a few districts (packing) or dispersed across many districts (cracking) to dilute their voting power

Redistricting Process: State Role

State Legislature's Responsibility

• In most states, the state legislature is responsible for redrawing congressional and state legislative districts following the decennial census
• The party controlling the state legislature during redistricting often has a significant advantage in shaping district boundaries to favor their party's electoral prospects
  • In 2010, Republicans won control of many state legislatures and used redistricting to secure a majority in the U.S. House in 2012 despite losing the popular vote

Independent Redistricting Commissions

• Some states have adopted redistricting commissions, which are independent bodies tasked with redrawing district lines based on specific criteria
  • Criteria may include compactness, contiguity, and respect for communities of interest (cities, counties, neighborhoods)
• Redistricting commissions can be designed to be bipartisan or nonpartisan to reduce the influence of partisan politics in the redistricting process
  • Arizona and California have independent commissions with equal representation from both parties and independent members
• The structure, composition, and authority of redistricting commissions vary by state
  • Some commissions have the final say on district maps, while others serve an advisory role to the legislature

Legal Challenges to Gerrymandering

Constitutional and Statutory Basis

• The U.S. Constitution does not explicitly address gerrymandering, but several constitutional provisions and federal laws have been used to challenge the practice
  • Equal Protection Clause of the 14th Amendment prohibits intentional discrimination based on race
  • Voting Rights Act (1965) prohibits practices that discriminate against racial and language minorities
• In Baker v. Carr (1962), the U.S. Supreme Court ruled that federal courts have jurisdiction over redistricting and malapportionment cases

Racial Gerrymandering

• Racial gerrymandering involves the intentional dilution of minority voting power through redistricting
• Racial gerrymandering has been found to violate the Voting Rights Act and the Equal Protection Clause
  • In Shaw v. Reno (1993), the Supreme Court ruled that districts drawn primarily based on race must be strictly scrutinized
  • In Miller v. Johnson (1995), the Supreme Court clarified that race cannot be the predominant factor in redistricting unless narrowly tailored to serve a compelling state interest

Partisan Gerrymandering

• Partisan gerrymandering involves manipulating district lines to benefit a particular political party
• Partisan gerrymandering has been more difficult to challenge in court, with the Supreme Court struggling to articulate a clear standard for determining when it is unconstitutional
  • In Vieth v. Jubelirer (2004), the Supreme Court split on whether partisan gerrymandering claims are justiciable, with no majority opinion
• In Rucho v. Common Cause (2019), the Supreme Court ruled that partisan gerrymandering claims are nonjusticiable political questions, leaving the issue to be addressed by states and Congress
  • The ruling effectively closed the door to federal court challenges to partisan gerrymandering, though state courts may still consider such claims under state constitutions