as First Amendment Violations
The Court's refusal to correct the breakdown in the democratic process brought on by the advent of egregious partisan gerrymanders
has invited the continued use of districting processes with deeply troubling pathologies.
If anything, LULAC's limited majority opinion and six separate concurrences plunged partisan gerrymander
jurisprudence deeper into confusion.
They are manifestly superior to gerrymanders
by a single party that unduly distort the strength of the dominant party, making the electoral system even less responsive to the shifting preferences of voters.
House Majority Leader Tom DeLay's infamous but successful mid-decade partisan gerrymander
in Texas (which cost the Democrats six seats, twice the national gain realized by the Republicans in 2004) has set off a potential redistricting arms race.
53) In effect, partisan motivation for gerrymanders
served as a defense to Shaw claims, not as a prima facie element of a Bandemer suit.
Yet at the same time that the high court is accepting partisan gerrymanders
, it has undercut efforts to diversify legislatures through redistricting.
plan resembles the most egregious racial gerrymanders
of the past.
The latest lawsuit filed by election advocacy groups and Democrats said the replacement for the racial gerrymander
also contained unlawful partisan gerrymanders
Once Republican gerrymanders
and urbanized areas are omitted, a histogram of the remaining congressional districts no longer has two peaks (Figure 4h).
Those who have challenged what they consider racial and partisan gerrymanders
say they would be surprised if the Supreme Court intervened in the Pennsylvania case because it involves a state court interpreting its own constitution.
Worse still, the tentacles of this gerrymandering reach even deeper, disrupting the very processes by which voters might reverse these negative effects through their votes and their pressure on elected officials pressure that, given the powerful allure of gerrymanders
, is likely to fall on deaf ears, the brief continues.
Constitutional challenges to partisan gerrymanders
have confronted two basic premises set up by Vieth and its logic: First, Vieth appeared to decide that partisanship in districting is a constitutional state interest "so long as it does not go too far.
In a recent study, we applied techniques similar to those that have been used to measure political gerrymanders
to quantify the severity of gerrymandering of about 24,000 attendance zones from the 2009-10 school year (Richards & Stroub, 2015).
Measures like this could appeal to Justice Anthony Kennedy, who said in a 2004 case that he was open to the possibility of a standard that would allow the court to rule on partisan gerrymanders