Bloomberg: Partisan Gerrymandering Heads to Court
Although the Supreme Court has ruled against gerrymandered voting districts that disfavor members of a particular racial or ethnic group, it has never struck down a map as being so unfair to one political party that it violates the Constitution. In a 2004 case, Justice Anthony Kennedy wrote a pivotal opinion that left open the possibility but said opponents had to produce a test to separate acceptable gerrymanders from unconstitutional ones.
"Gerrymandering is getting much worse because of three things: better data, better computers and a more polarized electorate," said Paul Smith, a Washington lawyer at the Campaign Legal Center who will argue on behalf of the map’s challengers. "Those three things make it much more feasible to build bias into the map and know it’s going to last."