WASHINGTON (AP) — Last year, proponents of limiting partisan politics in the creation of electoral districts needed to win over Justice Anthony Kennedy. They couldn't.
The issue is back before the Supreme Court again, with arguments on Tuesday, and it might be harder than ever to convince the justices to rein in the practice known as partisan gerrymandering, designing districts to benefit one political party.
Chief Justice John Roberts is now the court conservative closest to the center and the focus of the arguments for reining in partisan redistricting, said Michael Kimberly, the lawyer for Republican voters who challenged a Democratic congressional district in Maryland. The court has before it two cases, from Maryland and North Carolina, with strong evidence that elected officials charged with drawing and approving congressional districts acted for maximum partisan advantage. In North Carolina, Republicans ran the process and sought to preserve a 10-3 split in the congressional delegation in favor of the GOP, even as statewide races are usually closely divided.
The 2018 race margins describe a tell-tale sign of partisan gerrymandering, according to map critics: Voters supporting the minority party are packed tightly into fewer districts, resulting in easy victories, while the majority party wins narrower races, but in more districts. While each of the three incumbent Democrats cruised to re-election in November with at least 70 percent of the vote, no winning Republican in a contested race received above 60 percent.
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