The Federalist Society Presents the Future of Redistricting

The House of Representatives recently passed H.R.1, providing for (among other things) independent redistricting commissions to establish all congressional redistricting plans. What can we expect going forward? In 2017, the Supreme Court, in Gill v. Whitford, alluded to the nonjusticiability of partisan gerrymandering cases, meaning that courts are not able to decide these disputes. Two years later, in Rucho v. Common Cause, the Court put the proverbial nail in the coffin, outright deciding that these claims are nonjusticiable in federal court. Is this the last word to partisan gerrymandering cases in federal courts? If so, how do voters resolve partisan maps? Can we expect legislatures to draw maps without political considerations? Are political considerations wrong and if so, are any amount of political considerations permissible? Are there remedies to partisan electoral maps in state courts? In the wake of Gill and Rucho, some states have created so-called “independent commissions” to draw political districts. Are these commissions better suited to draw political maps than state legislatures? What are the various practical consequences of leaving mapmaking to independent commissions, legislatures, or some other entity?

Friday, April 2 from 1:30pm to 2:30pm Central via Zoom. Free to attend! RSVP via Eventbrite.