Supreme Court Considering Second Partisan Gerrymandering Case This Term (CRS Report for Congress)
| Release Date |
April 2, 2018 |
| Report Number |
LSB10110 |
| Report Type |
Legal Sidebar |
| Authors |
L. Paige Whitaker |
| Source Agency |
Congressional Research Service |
Summary:
For a second time during the current term, the U.S. Supreme Court is considering a claim of
unconstitutional partisan gerrymandering. On March 28, 2018, the Court heard oral argument in Benisek
v. Lamone, involving a challenge to a Maryland congressional district. In October 2017, the Court heard
oral argument in Gill v. Whitford, involving a similar challenge to a Wisconsin state legislative
redistricting plan. While the Court has invalidated redistricting maps because of unconstitutional racial
gerrymandering, it has not overturned a map because of partisan gerrymandering. As defined by the
Court, partisan gerrymandering is “the drawing of legislative district lines to subordinate adherents of one
political party and entrench a rival party in power.” A decision in these cases is expected by June 2018
