Is SCOTUS About to Finally Give Voters a Win on Gerrymandering?

Published: 11 Jan, 2019
2 min read

All rise. The fearsome gerrymander is back before the Supreme Court of the United States.

In the days since SCOTUS announced its decision to review partisan district-drawing cases in both Maryland and North Carolina, the already hot topic of gerrymandering grew even more fiery, with both sides anxious to see what the nation’s highest court does - or doesn’t do -  to intervene.

Last year, the court punted on a prior version of the same Maryland case it will revisit this term; it similarly declined to weigh on a separate partisan gerrymandering case in Wisconsin. With Justice Brett Kavanaugh now seated in place of former Justice Anthony Kennedy, a  swing vote in key decisions who indicated interest in reining in partisan gerrymanders, some legal experts are even more skeptical the court will act.

But the stakes are even higher now, as the post-2020 Census redistricting looms large on the horizon. As Paul Smith, a lawyer with the Campaign Legal Center, said in a statement in the wake of the Supreme Court decision, “If the Supreme Court fails to set limits on this undemocratic practice, we will see a festival of copycat gerrymandering in 2020 the likes of which the country has never seen before.”

The prospect of more extreme gerrymandering than what happened in the post-2010 redistricting, which FairVote Senior Fellow Dave Daley dubbed “the most audacious political heist of modern times” in his 2016 book on the topic, presents an ominous future for voters and democracy.

We certainly stand behind those who have used the courts to fight for fair maps, and hope the Supremes will dub this important issue worthy of their judgement. That said, a SCOTUS ruling is not a panacea, but a part of what needs to be a larger discussion of how to use system reforms like ranked choice voting and multi-member districts to create a government which represents and empowers voters.

Photo Credit: This quick take originally published on FairVote's website and has been modified slightly for publication on IVN.

In this article

You Might Also Like

Utah state capitol.
Utah Judge Delivers a Major Blow to Gerrymandering
A Utah state judge has struck down the congressional map drawn by Republican lawmakers, ruling that it violates the state’s voter-approved ban on partisan gerrymandering and ordering new district lines for the 2026 elections....
11 Nov, 2025
-
2 min read
Caution tape with US Capitol building in the background.
Did the Republicans or Democrats Start the Gerrymandering Fight?
The 2026 midterm election cycle is quickly approaching. However, there is a lingering question mark over what congressional maps will look like when voters start to cast their ballots, especially as Republicans and Democrats fight to obtain any electoral advantage possible. ...
11 Nov, 2025
-
8 min read
national gerrymandering fight
After Prop 50, the Mission Is Clear: We Need Fair Maps in Every State
Gerrymandering has long eroded the competitiveness, representativeness, and accountability of our democracy. But in recent years, the problem has entered a dangerous phase — one in which both parties see no option but to fight with every weapon they can find....
06 Nov, 2025
-
4 min read
Ballrooms, Ballots, and a Three-Way Fight for New York
Ballrooms, Ballots, and a Three-Way Fight for New York
The latest Independent Voter Podcast episode takes listeners through the messy intersections of politics, reform, and public perception. Chad and Cara open with the irony of partisan outrage over trivial issues like a White House ballroom while overlooking the deeper dysfunctions in our democracy. From California to Maine, they unpack how the very words on a ballot can tilt entire elections and how both major parties manipulate language and process to maintain power....
30 Oct, 2025
-
1 min read
California Prop 50 gets an F
Princeton Gerrymandering Project Gives California Prop 50 an 'F'
The special election for California Prop 50 wraps up November 4 and recent polling shows the odds strongly favor its passage. The measure suspends the state’s independent congressional map for a legislative gerrymander that Princeton grades as one of the worst in the nation....
30 Oct, 2025
-
3 min read
bucking party on gerrymandering
5 Politicians Bucking Their Party on Gerrymandering
Across the country, both parties are weighing whether to redraw congressional maps ahead of the 2026 midterm elections. Texas, California, Missouri, North Carolina, Utah, Indiana, Colorado, Illinois, and Virginia are all in various stages of the action. Here are five politicians who have declined to support redistricting efforts promoted by their own parties....
31 Oct, 2025
-
4 min read