Gerrymandering Ruling Eases Partisan Map-Drawing

The very short list of constraints on partisan gerrymandering has gotten even shorter. Until last week, the Supreme Court had interpreted Section 2 of the Voting Rights Act to require states to draw some majority-minority districts. But in Louisiana v. Callais, it overturned that requirement and held that the VRA prohibits gerrymandering only if it’s done with the explicit goal of racial discrimination. If the intent behind disenfranchising minority voters appears to be merely partisan, the gerrymander is now legal. The ruling will allow Republican state legislatures in the South to erase most if not all of the region’s few blue House districts without fear of being blocked in court. And so the gerrymandering wars, already awful, are poised to get even worse. Democrats will respond to the Republican response to Callais; Republicans will respond to the response to the response; voters will lose in the process. In a few years, almost every seat in the House of Representatives could be safely occupied by a hyper-partisan incumbent, beholden only to primary voters. The chamber could become something like the Electoral College: Whoever wins a state gets all of its representatives, and the winners are there just to vote for or against the president. Because of the timing of the ruling, the effects are likely to be modest for the upcoming midterms. On Thursday, Louisiana suspended its primary election to give the state time to redraw the map. The legislature might eliminate just the one seat at issue in Callais, or it could try to eliminate both of the state’s majority-Black, Democratic-leaning districts. A few more seats could be in play elsewhere in the South. On Friday, after saying two days earlier that she would not do so, Alabama Governor Kay Ivey announced that she would call a special legislative session to redraw the state’s maps. Donald Trump has claimed that he has the Tennessee governor’s promise to do likewise. In other deep-red states, key deadlines have already passed, making last-minute map-drawing difficult or impossible.