Jan. 16, 2018 — Late last week, the US Supreme Court agreed to hear the Texas Republicans’ appeal of a San Antonio three-judge panel’s ruling that declared two of the state’s districts: TX-27 (Rep. Blake Farenthold, R-Corpus Christi) and TX-35 (Rep. Lloyd Doggett, D-Austin) unconstitutional for racial gerrymandering reasons.
Though we have now entered the decade’s fourth election cycle, we see four separate gerrymandering cases from the 2011 redistricting cycle still before the nation’s high court. It’s possible the top judicial panel has agreed to hear these cases, two brought by Republicans and two by Democrats, in order to make clear redistricting statements before the 2020 census sends us into the next full national redistricting cycle, a 50-state procedure that will consume most of 2021.
The major lawsuit that the court has already heard but has not yet announced a ruling, is the Wisconsin political gerrymandering case. There, Democrats claimed majority Republicans discriminated against them when the lines were drawn for partisan political reasons. The Supreme Court has never before ruled that political gerrymandering is unconstitutional. It is unknown exactly when the court’s ruling will be announced, but it is a virtual certainty that the release date will come before the current term ends at the end of June.
For the second time in two consecutive election cycles, the North Carolina lines have been invalidated. The congressional boundaries were re-drawn before the 2016 election for racial gerrymandering reasons. Now, the Democrats are returning with their political gerrymandering case. In the last re-draw, the state’s 10R-3D congressional delegation partisan ratio remained in tact.