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Texas dispute highlights nation's long history of partisan gerrymandering. Is it legal?

Texas dispute highlights nation's long history of partisan gerrymandering. Is it legal?
it's the worst example of gerrymandering and the party of power. These maps disenfranchised voters, they violate the voting rights act and they are in violation of numerous state and federal laws. If it feels like you've heard this debate before, It's because you have every 10 years. Two things happen in the us, the census and redrawing congressional districts. The constitution lays out this process stating the government must count the population every decade and based on that number, reconsider voters, congressional districts. That is redistricting and it happens in every state except the seven that only have one congressional district. So who draws these maps? Some states look to commissions, but most leave it up to the state legislatures and that's where things can get political. Let's take Ohio and new Mexico as examples in Ohio republicans have control of the house and senate in New Mexico democrats do in both states, the legislature drafted the maps and then voted on them and in both the minority party accused the majority of gerrymandering or as it's more commonly known as today, gerrymandering. That word has a long history in American politics going all the way back to 1812 and Governor Elbridge Gerry of Massachusetts. But the bottom line is it means drawing maps that purposefully give one party an advantage over the other. In Ohio, the state Supreme Court struck down the first set of congressional maps because the court ruled they were too partisan. And the second version is facing lawsuits with early voting already underway. This map will probably stand in New Mexico. The state's republican party brought a lawsuit challenging the maps calling them unfair. That's how districts are drawn. But what do these new maps mean for voters? On a practical level, it means making sure you're registered to vote where you live and confirming where your polling places, the larger consideration is representation. Do these districts fairly represent the people who live there? States haven't always abided by that. An example to remember is Jim Crow era voter suppression, like the poll taxes and literacy tests. But states before, during and after the civil rights movement used redistricting to keep black and brown americans from having their vote count. The Voting Rights Act of 1965 banned these practices outright and anticipating how states could create new discriminatory laws. It also mandated that jurisdictions with a history of discrimination must get federal approval for any changes to their election laws. Congress voted to keep these provisions in place in 1970 1972, And as recently as 2007, then the Supreme Court decided in 2013 and Shelby vs holder that the federal government overseeing certain jurisdictions election laws was unconstitutional. Despite that decision, the bulk of the protections from the voting rights act remains in place. However, states still find ways to use redistricting to keep minority communities from having fair representation. One way to counteract that majority minority districts districts in which the majority of the population is a racial or ethnic minority Redistricting is complicated with a lot more layers than we could fit into this video. But what you can control is your vote. You can make sure you're registered in time for the 2022 election to find out more, go to usa dot gov slash register to vote Yeah.
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Updated: 9:28 PM CDT Aug 4, 2025
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Texas dispute highlights nation's long history of partisan gerrymandering. Is it legal?
AP logo
Updated: 9:28 PM CDT Aug 4, 2025
Editorial Standards
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.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.

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.

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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.

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.