How to undo legislative gerrymandering?

Click to enlarge.

It’s not an accident that Democrats won a majority of votes for state assemblies in Michigan, North Carolina and Wisconsin, but Republicans won a majority of the legislative seats.

It’s because legislative districts were intentionally drawn by Republican state legislatures to give Republicans an advantage.  You can comply with the Supreme Court’s “one man, one vote” ruling and create legislative districts with equal population, and still draw the lines so as to give one party an advantage.

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Both parties have done this through American history.  The word “gerrymander” comes from Governor Elbridge Gerry of Massachusetts, whose party, the Democratic-Republicans (forerunner of today’s Democrats), drew up a strangely-shaped state senate district in 1812 to dilute the voters of the rival Federalists.

But Republicans during the last round of redistricting after the 2010 census used big data and computer analysis to lock in their control of legislatures in key states.  Democrats would have to do much more than win a majority of the votes to take back control.

They complained to the Supreme Court, but the Supreme Court turned them down, in a 5-4 decision.  Chief Justice John Roberts said the court can’t take up the burden of drawing legislative district boundaries for the states.

But Justice Elena Kagan pointed out that there is an accepted procedure for doing just this.  It consists of having a computer process draw up many different maps of legislative districts of equal population that are geographically compact and respectful of existing boundaries, and then allowing the state legislature to choose one of them.

If the state and federal courts do not do something about gerrymandering, who will?  State legislatures elected in gerrymandered district are unlikely to change the system that put them in power.  Congress? State legislatures draw congressional district boundaries, too.

But the fact is that the Supreme Court is not going to change its decision until and unless a new justice is appointed and maybe not even then.

What remains for Democrats is to try to get a large enough vote to offset a rigged system.  Or propose amendments to state constitutions to set up a fair process for drawing legislative districts.

LINK

Chief Justice Roberts OKs Minority Rule by Doug Muder for The Weekly Sift.  Hat tip to him for the chart.

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