Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Section 2 of the Voting Rights Act versus the 14th Amendment Section 2 of the Voting Rights Act (VRA) prohibits any redistricting plan that dilutes the voting power of minorities. Since Thornburg v. Gingles (1986), plaintiffs preliminarily meet that standard by proving three conditions: the minority group must be large and compact enough to form a district, it must vote cohesively, and the white majority must usually defeat the minority’s candidate of choice. When those “Gingles preconditions” are satisfied, federal courts often order the state to draw an additional majority-minority district. The Equal Protection Clause of the 14th Amendment, however, takes a…
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A Maryland Democrat Proposes Countering Out-of-Cycle Partisan Redistricting

A Maryland Democrat Proposes Countering Out-of-Cycle Partisan Redistricting

Maryland House of Delegates Majority Leader, Del. David Moon, a Montgomery County Democrat, is drafting legislation designed to counter partisan congressional redistricting efforts in other states. Moon's proposal would mandate that if any other state deviates from the norm of redrawing congressional districts only once every 10 years, Maryland would be required to do the same. This move comes as President Donald Trump is pushing states like Texas to redraw their maps outside the typical post-Census schedule, with Texas Governor Greg Abbott having called a special 30-day legislative session to consider redistricting, among other issues. Moon's "basic idea" is that…
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Ohio’s Continuing Redistricting Saga: Here’s an Update on the Congressional Map

Ohio’s Continuing Redistricting Saga: Here’s an Update on the Congressional Map

Redistricting in Ohio has been a complex, multifaceted, litigious marvel of line-drawing politics. Here is a timeline and some procedural background about the ongoing struggle with Ohio's congressional redistricting, including what's next. In Ohio, congressional redistricting follows a multi-step process. Initially, the state legislature can adopt a new congressional district map with a three-fifths supermajority vote, comprising at least half of the minority party members. If the legislature fails to act, a seven-member commission takes over, composed of elected officials and legislative appointees. If the commission also fails, the legislature gets a second chance, requiring a three-fifths vote with one-third…
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ACLU and League of Women Voters Take South Carolina’s Partisan Gerrymandering Fight to State Supreme Court

This Tuesday, June 24, 2025, the South Carolina Supreme Court will hear oral arguments in League of Women Voters of South Carolina v. Alexander, a landmark case brought by the ACLU, ACLU-SC, and League of Women Voters. Filed in July 2024, the lawsuit challenges the constitutionality of the state’s 2022 congressional map, which plaintiffs argue was drawn with the express aim of strengthening the Republican majority in the First Congressional District. They contend this map intentionally shifts Democratic-leaning populations, particularly Black voters, out of the district, violating Article 1, Section 5 of the South Carolina Constitution, which guarantees "free and open" elections…
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U.S. Supreme Court Leaves North Dakota House Districts in Place Against Racial Gerrymandering Challenge

U.S. Supreme Court Leaves North Dakota House Districts in Place Against Racial Gerrymandering Challenge

On Monday, the U.S. Supreme Court upheld the legislature's creation of subdistricts within North Dakota House districts 4 and 9 in 2021. The lawsuit had claimed that the subdistricts - drawn to avoid vote dilution in the Native American populations within the Turtle Mountain and Fort Berthold Reservations - were unconstitutional racial gerrymanders. A federal three-judge panel in North Dakota dismissed the lawsuit in 2023 and the U.S. Supreme Court dismissed the plaintiffs' appeal, leaving the federal district court decision in place. Interestingly, the North Dakota Secretary of State reversed course during the litigation and notified the U.S. Supreme Court that…
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Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

Louisiana's 2022 congressional map faced a Section 2 vote dilution challenge because it had only one majority-Black district out of 6 in a state where one-third of the population is Black. The lawsuit was successful in that a preliminary injunction was granted on the basis that it was likely that the map violated Section 2 if the case were to go to trial. Louisiana passed a new map with two majority Black districts in early 2024. However, the new map brought new litigation alleging that the 2024 map was an illegal racial gerrymander. A divided federal panel ruled that it…
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Update: Status of New Hampshire Redistricting Litigation(July 2023)

Update: Status of New Hampshire Redistricting Litigation(July 2023)

New Hampshire reportedly was the last state to complete redistricting for the 2020 cycle after the legislature and governor failed to agree on a map. The political struggles surrounding the enactment of a congressional map have given way to legal challenges against the state senate and house maps. Details below. Congressional Map The New Hampshire State Supreme Court took jurisdiction in case of an impasse over the congressional map in April of 2022. (Norelli v. Scanlan) The legislature presented two maps to the governor - one in March and another in May - both of which the governor announced his…
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Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

The Utah Supreme Court seemed to be grappling with the issue of the citizen's right to initiative versus the legislature's right to enact laws. After oral argument in a case alleging that the 2021 congressional district map was a partisan gerrymander, (see League of Women Voters of Utah v. Utah State Legislature) the question arose of whether the legislature had the right to repeal a statute with anti-gerrymandering provisions (Proposition 4) - which it did in 2020. In October of last year, the trial court dismissed the claims regarding the Utah Legislature’s repeal of Proposition 4 but allowed the League's…
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Watch: Utah Supreme Court Oral Argument in Congressional Map Partisan Gerrymandering Case

Watch: Utah Supreme Court Oral Argument in Congressional Map Partisan Gerrymandering Case

The Utah Supreme Court heard oral arguments in a partisan gerrymandering challenge to the state's 2021 congressional map. The case is League of Women Voters of Utah v. Utah State Legislature. Watch on YouTube. For news, litigation documents, district maps, and more information about Utah Redistricting, visit the Utah Redistricting Almanac Page. The Almanac home page for all 50 states is here. Find us on:
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Update: Status of Kansas Redistricting (July 2023)

Update: Status of Kansas Redistricting (July 2023)

Major litigation against Kansas' redistricting maps has concluded however a key case against a local subdivision remains active and has just garnered significant support from a recent U.S. Supreme Court decision. Congressional and State Senate and House MapsThe congressional map adopted by the legislature, known as the "Ad Astra 2" map - was vetoed by Democratic governor Laura Kelly. The map was nevertheless enacted on Feb. 9, 2022 after a successful veto override vote in both chambers of the legislature. One key feature of the Ad Astra 2 map was its splitting of Wyandotte County - home to Kansas City…
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