Texas dispute highlights nation's long history of partisan
gerrymandering. Is it legal?
[August 05, 2025]
By DAVID A. LIEB
When Democratic lawmakers left Texas to try to prevent the
Republican-led Legislature from redrawing the state's congressional
districts, it marked the latest episode in a long national history of
gerrymandering.
The word “gerrymander" was coined in America more than 200 years ago as
an unflattering means of describing political manipulation in
legislative map-making.
The word has stood the test of time, in part, because American politics
has remained fiercely competitive.
Who is responsible for gerrymandering?
In many states, like Texas, the state legislature is responsible for
drawing congressional districts, subject to the approval or veto of the
governor. District maps must be redrawn every 10 years, after each
census, to balance the population in districts.
But in some states, nothing prevents legislatures from conducting
redistricting more often.
In an effort to limit gerrymandering, some states have entrusted
redistricting to special commissions composed of citizens or bipartisan
panels of politicians. Democratic officials in some states with
commissions are now talking of trying to sidestep them to counter
Republican redistricting in Texas.
How does a gerrymander work?
If a political party controls both the legislature and governor’s office
— or has such a large legislative majority that it can override vetoes —
it can effectively draw districts to its advantage.
One common method of gerrymandering is for a majority party to draw maps
that pack voters who support the opposing party into a few districts,
thus allowing the majority party to win a greater number of surrounding
districts.
Another common method is for the majority party to dilute the power of
an opposing party’s voters by spreading them among multiple districts.
Why is it called gerrymandering?
The term dates to 1812, when Massachusetts Gov. Elbridge Gerry signed a
bill redrawing state Senate districts to benefit the
Democratic-Republican Party. Some thought an oddly shaped district
looked like a salamander. A newspaper illustration dubbed it “The Gerry-mander”
— a term that later came to describe any district drawn for political
advantage. Gerry lost re-election as governor in 1812 but won election
that same year as vice president with President James Madison.
[to top of second column]
|
A woman holds a sign as she joins others during a rally to protest
against redistricting hearings at the Texas Capitol, Thursday, July
24, 2025, in Austin, Texas. (AP Photo/Eric Gay)
Is political gerrymandering illegal?
Not under the U.S. Constitution. The Supreme Court, in a 2019 case
originating from North Carolina, ruled that federal courts have no
authority to decide whether partisan gerrymandering goes too far.
Chief Justice John Roberts wrote: “The Constitution supplies no
objective measure for assessing whether a districting map treats a
political party fairly.”
The Supreme Court noted that partisan gerrymandering claims could
continue to be decided in state courts under their own constitutions
and laws. But some state courts, including North Carolina's highest
court, have ruled that they also have no authority to decide
partisan gerrymandering claims.
Are there any limits on redistricting?
Yes. Though it's difficult to challenge legislative districts on
political grounds, the Supreme Court has upheld challenges on racial
grounds. In a 2023 case from Alabama, the high court said the
congressional districts drawn by the state's Republican-led
Legislature likely violated the Voting Rights Act by diluting the
voting strength of Black residents. The court let a similar claim
proceed in Louisiana. Both states subsequently redrew their
districts.
What does data show about gerrymandering?
Statisticians and political scientists have developed a variety of
ways to try to quantify the partisan advantage that may be
attributable to gerrymandering.
Republicans, who control redistricting in more states than
Democrats, used the 2010 census data to create a strong gerrymander.
An Associated Press analysis of that decade's redistricting found
that Republicans enjoyed a greater political advantage in more
states than either party had in the past 50 years.
But Democrats responded to match Republican gerrymandering after the
2020 census. The adoption of redistricting commissions also limited
gerrymandering in some states. An AP analysis of the 2022 elections
— the first under new maps — found that Republicans won just one
more U.S. House seat than would have been expected based on the
average share of the vote they received nationwide. That was one of
the most politically balanced outcomes in years.
All contents © copyright 2025 Associated Press. All rights reserved |
