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State Courts Grapple With Partisan Gerrymandering as Supreme Court Punts

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Overview

  • The US Supreme Court ruled partisan gerrymandering nonjusticiable, leaving the issue to states.
  • Some states ban partisan gerrymandering explicitly in their constitutions while others prohibit it implicitly through voting rights protections.
  • State courts have rejected partisan gerrymandered maps in some states but outcomes depend on state judicial elections and appointments.
  • North Carolina's Supreme Court recently reheard and overturned a partisan gerrymandering case, demonstrating how consequential state judicial elections are.
  • Partisan gerrymandering undermines competitive elections and concentrates power in the hands of whichever party controls the redistricting process.