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U.S. Supreme Court

An alternative strategy to end gerrymandering

An alternative strategy to end gerrymandering

Thus far, the Supreme Court has been reluctant to find gerrymandering of legislative districts unconstitutional. Challenges under the Equal Protection Clause have failed because partisan districting does not dilute individual votes and there is lack of agreement on standards to solve the problem.

A Maryland case now working its way through the courts makes a different argument: Partisan gerrymandering violates First Amendment rights of speech and association of members of the minority party. This is an intriguing idea, but it may be hard to show that district...