Gerrymandering
The term is often used generically to refer to misshapen political districts, but gerrymandering has specific legal and policy meanings in the context of redistricting. The two most common types of gerrymandering are racial gerrymandering and partisan gerrymandering.
What is Gerrymandering?
Gerrymandering is the manipulation of political district boundaries to benefit an identifiable group such as a racial or ethnic group or political party. Gerrymandering as a general matter is not illegal, however if the manipulation violates constitutional rights or other rules or statutes, a court can invalidate individual districts or entire maps.
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There are two types of legally recognized causes of action for gerrymandering; racial gerrymandering and partisan gerrymandering. The legal history and requirements for the two differ significantly. Racial gerrymanders may be successfully litigated in a court on federal constitutional grounds as a violation of the 14th amendment. Partisan gerrymandering claims, while in theory are based primarily on the 14th and first amendment - cannot be successfully litigated in federal courts based on the Supreme Court's decision in Rucho v. Common Cause.
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