Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases. The court summarized its Baker holding in a later decision as follows: "Equal Protection Clause of the Fourteenth Amendment limits the authority of a State Legislature in designing the geographical districts from which representatives are chosen either for the State Legislature or for the Federal House of Representatives.". The court had previously held in Gomillion v. Lightfoot that districting claims over racial discrimination could be brought under the Fifteenth Amendment.
Redistricting in the United States is the process of drawing electoral district boundaries. The Uniform Congressional District Act requires that representatives be elected from single-member districts. When a state has a single representative, that district will be state-wide. Redistricting has become subject to contentious political debate in recent years with critics arguing that it has been weaponized to neutralize minority voting power. Supporters say it enhances electoral competitiveness.
North Carolina is currently divided into 13 congressional districts, each represented by a member of the United States House of Representatives. After the 2000 census, the number of North Carolina's seats was increased from 12 to 13 due to the state's increase in population.
Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case in the area of redistricting and racial gerrymandering. After the 1990 census, North Carolina qualified to have a 12th district and drew it in a distinct snake-like manner in order to create a “majority-minority” Black district. From there, Ruth O. Shaw sued this proposed plan with the argument that this 12th district was unconstitutional and violated the Fourteenth Amendment under the clause of equal protection. In contrast, Reno, a North Carolina attorney, argued that the district would allow for minority groups to have a voice in elections. In the decision, the court ruled in a 5–4 majority that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause and on the basis that it violated the fourteenth Amendment because it was drawn solely based on race.
Virginia is currently divided into 11 congressional districts, each represented by a member of the United States House of Representatives. The districts were redrawn most recently in 2016 by court order.
Vieth v. Jubelirer, 541 U.S. 267 (2004), was a United States Supreme Court ruling that was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality opinion by Justice Antonin Scalia and joined by Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas, with Justice Anthony Kennedy concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional. Subsequent to the ruling, partisan bias in redistricting increased dramatically in the 2010 redistricting round.
Davis v. Bandemer, 478 U.S. 109 (1986), is a case in which the United States Supreme Court held that claims of partisan gerrymandering were justiciable, but failed to agree on a clear standard for the judicial review of the class of claims of a political nature to which such cases belong. The decision was later limited with respect to many of the elements directly involving issues of redistricting and political gerrymandering, but was somewhat broadened with respect to less significant ancillary procedural issues. Democrats had won 51.9% of the votes, but only 43/100 seats. Democrats sued on basis of one man, one vote, however, California Democrats supported the Indiana GOP's plan.
Redistricting in Pennsylvania refers to the decennial process of redrawing state legislative and federal congressional districts in Pennsylvania.
Gerrymandering in the United States has been used to increase the power of a political party. Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. The term "gerrymandering" was coined after a review of Massachusetts's redistricting maps of 1812 set by Governor Elbridge Gerry noted that one of the districts looked like a salamander.
The 2020 United States redistricting cycle is in progress following the completion of the 2020 United States census. In all fifty states, various bodies are re-drawing state legislative districts. States that are apportioned more than one seat in the United States House of Representatives are also drawing new districts for that legislative body.
Gill v. Whitford, 585 U.S. ___ (2018), was a United States Supreme Court case involving the constitutionality of partisan gerrymandering. Other forms of gerrymandering based on racial or ethnic grounds had been deemed unconstitutional, and while the Supreme Court had identified that extreme partisan gerrymandering could also be unconstitutional, the Court had not agreed on how this could be defined, leaving the question to lower courts to decide. That issue was later resolved in Rucho v. Common Cause, in which the Court decided that partisan gerrymanders presented a nonjusticiable political question.
Redistricting in Virginia has been a controversial topic due to allegations of gerrymandering. In the 2017 Virginia General Assembly, all of the redistricting reform bills were killed.
Bethune-Hill v. Virginia State Bd. of Elections, 580 U.S. ___ (2017), was a case in which the United States Supreme Court evaluated whether Virginia's legislature – the Virginia General Assembly – violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by considering racial demographics when drawing the boundaries of twelve of the state's legislative districts.
Benisek v. Lamone, 585 U.S. ____ (2018), and Lamone v. Benisek, 588 U.S. ____ (2019), were a pair of decisions by the Supreme Court of the United States in a case dealing with the topic of partisan gerrymandering arising from the 2011 Democratic party-favored redistricting of Maryland. At the center of the cases was Maryland's 6th district which historically favored Republicans and which was redrawn in 2011 to shift the political majority to become Democratic via vote dilution. Affected voters filed suit, stating that the redistricting violated their right of representation under Article One, Section Two of the U.S. Constitution and freedom of association of the First Amendment.
Rucho v. Common Cause, No. 18-422, 588 U.S. ___ (2019), is a landmark case of the United States Supreme Court concerning partisan gerrymandering. The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the remit of these courts.
Redistricting in North Carolina has been a controversial topic due to allegations and admissions of gerrymandering.
League of Women Voters of Pennsylvania et al. v. Commonwealth of Pennsylvania et al.—abbreviated League of Women Voters v. Commonwealth—was a decision of the Pennsylvania Supreme Court on gerrymandering, concerning the power of the Pennsylvania General Assembly to draw maps based on partisan advantage. The Court ruled that the maps adopted by the Republican controlled legislature in 2011 was an unconstitutional partisan gerrymander under the Constitution of Pennsylvania.
Redistricting in Wisconsin is the process by which boundaries are redrawn for municipal wards, Wisconsin State Assembly districts, Wisconsin State Senate districts, and Wisconsin's congressional districts. Redistricting occurs—as in other U.S. states—once every decade, usually in the year after the decennial United States Census. According to the Wisconsin Constitution, redistricting in Wisconsin follows the regular legislative process, it must be passed by both houses of the Wisconsin Legislature and signed by the Governor of Wisconsin—unless the Legislature has sufficient votes to override a gubernatorial veto. Due to legislative gridlock, however, it has become common for Wisconsin redistricting to be conducted by courts. The 1982, 1992, and 2002 legislative maps were each created by panels of United States federal judges.
Smiley v. Holm, 285 U.S. 355 (1932), was a decision of the Supreme Court of the United States involving a governor's power to veto a congressional redistricting proposal passed by a state's legislature. In an opinion by Chief Justice Charles Evans Hughes, the Court unanimously held that the U.S. Constitution did not prohibit Minnesota's governor from vetoing that state's redistricting map.
Moore v. Harper is a pending United States Supreme Court case related to the independent state legislature theory (ISL), arising from the redistricting of North Carolina's districts following the 2020 census. The case has been set for oral argument on December 7, 2022 at 10:00 a.m.
