The ruling comes as the Supreme Court mulls the constitutionality of partisan redistricting in two other states
striking down Ohio’s congressional map by a panel of three federal judges on May 3rd was written with one particular readership in mind—the justices of the Supreme Court. They have the last word on whether the constitution imposes limits on partisan line-drawing. The federal judges, appointees of George W.
The 301-page ruling opens with a detailed account of how Ohio’s “remarkably pro-Republican redistricting bill” was crafted and adopted without Democratic input after the 2010 census.
Each of the four points in this section seeks to allay justices’ worries about “justiciability”—the ability of courts to subdue partisan map-makers. First the judges sought to address Chief Justice John Roberts’s concern in the 2017that the court will look like it is siding with one party or another each time it blesses or rejects an electoral map.
The three-judge panel also refuted Mr Clement’s contention, quoting Justice Sandra Day O’Connor in 1986, that gerrymandering is a “self-limiting enterprise”. That ship has sailed, the court argued. Advances in technology and data-collection “insulat[e] officeholders against all but the most titanic shifts in the political tides”.
Will the judges who tossed out the Ohio map—together with similar panels striking down gerrymanders in Wisconsin, Maryland, North Carolina and, most recently, Michigan—persuade the Supreme Court to finally take a stand against partisan redistricting? None of the justices seems to enjoy handling a raft of gerrymandering complaints. Justice Breyer lamented in 2016 that racial gerrymandering cases—requiring the justices to wade through “5,000-page records”—just keep coming, year after year.
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