Also known as:partisan gerrymander · partisan gerrymanders · partisan gerrymandered
Written by attorneys · grounded in primary & secondary sources — see below
The drawing of legislative district boundaries to favor one political party over another. Federal courts treat claims challenging such maps solely on partisan grounds as nonjusticiable political questions.
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Cases
Casebooks
Course Outlines
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How it applies
Common Examples
6
Rural Counties Packed Into Oversized Districts
Prairie Harvest Cooperative and family farmers sued the State Redistricting Commission after the new congressional map packed rural farming counties into two oversized districts to reduce the influence of voters supporting one party. The commission moved to dismiss the complaint. The federal court granted the motion because the suit challenged only partisan favoritism in district lines.
Educational Campuses Split Across Districts
Public school teachers and university faculty led by plaintiff Rivera sued the State Board of Elections after a congressional map split the city's educational campuses to dilute the voting strength of pro-education-funding voters aligned with one party. The Board moved to dismiss. The federal court dismissed the action on the ground that the claim rested solely on partisan effects.
Coastal Port Attached To Inland District
Harbor Alliance sued the State Elections Commission after the Commission attached a compact coastal port community to a distant inland district to dilute the community's support for one political party. The Commission moved to dismiss for nonjusticiability. The federal court granted the motion and refused to adjudicate the partisan gerrymandering allegation.
Tech Corridor Entrenched For One Party
Pioneer Startups sued state election officials after the legislature redrew a congressional district around the region's technology corridor to guarantee continued control by one political party. The defendants moved to dismiss. The federal court granted the motion because the complaint alleged only excessive partisan advantage.
Pharmaceutical Cluster Packed Into One Seat
East Clinical sued the State A Secretary of Elections after the legislature drew a serpentine district that packed pharmaceutical lab and biotech employees into a single seat to dilute their influence on subsidy policy. The Secretary moved to dismiss. The federal court dismissed the complaint as presenting a nonjusticiable political question.
Auto Workers Dispersed Across Rural Counties
Russell and fellow auto workers sued after the State M legislature divided their industrial district across three new congressional districts to scatter their voting strength and diminish influence on labor policy. The State moved to dismiss. The federal court granted the motion because the claim challenged only partisan districting choices.
Common questions
Frequently Asked
5
Why do federal courts dismiss claims alleging that a district map favors one political party?+
Federal courts dismiss such claims because they present nonjusticiable political questions. The Constitution supplies no judicially manageable standards for deciding how much partisan advantage is too much. Plaintiffs who allege only partisan favoritism therefore receive no relief in federal court.
Supporting sources
Does the one-person-one-vote rule provide a basis for challenging partisan gerrymandering?+
No. The one-person-one-vote rule addresses population equality among districts. A claim that a map packs or cracks voters to favor one party does not allege unequal population and therefore falls outside that doctrine.
Can plaintiffs avoid dismissal by alleging concrete economic injury from a partisan map?+
No. Even when plaintiffs identify measurable economic harm tied to the map, the claim remains nonjusticiable if it rests solely on partisan electoral consequences. Courts look to the nature of the claim rather than the label placed on the injury.
Supporting sources
Do statistical measures such as efficiency gap scores make a partisan gerrymandering claim justiciable?+
No. Metrics that quantify partisan asymmetry or wasted votes do not supply a judicially manageable constitutional standard. Courts still treat the underlying dispute as a political question reserved for the political branches.
Supporting sources
May state courts hear partisan gerrymandering claims under state constitutions?+
Yes. The federal nonjusticiability holding applies only to federal courts and the federal Constitution. States remain free to enforce their own constitutional provisions against partisan gerrymandering through state courts or independent commissions.
Supporting sources
and Judicial Regulation of Politics, 87 Colum. L. Rev. 1325, 1365 (1987) (noting that the Bandemer plurality's standard requires judgments that are "largely subjective and beg questions…
claims of major political parties raise a nonjusticiable political question that the judiciary should leave to the legislative branch as the Framers of the Constitution unquestionably…
and denied the defendants’ motion to dismiss. The case proceeded to trial. The plaintiffs’ expert witness testified that the Act 43 map was an extreme outlier with regard to its
partisan
…
Constitutional LawThe nature of judicial review · Judicial review in operationUBEIntermediate