Judges Find Wisconsin Redistricting Unfairly Favored Republicans – New York Times

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Election Day voting in Altoona, Wis. A panel of judges found the state’s 2011 remapping to be unconstitutional.

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Marisa Wojcik/The Eau Claire Leader-Telegram, via Associated Press

A panel of three federal judges said on Monday that the Wisconsin Legislature’s 2011 redrawing of State Assembly districts to favor Republicans was an unconstitutional partisan gerrymander, the first such ruling in three decades of pitched legal battles over the issue.

Federal courts have struck down gerrymanders on racial grounds, but not on grounds that they unfairly give advantage to a political party — the more common form of gerrymandering. The case could now go directly to the Supreme Court, where its fate may rest with a single justice, Anthony M. Kennedy, who has expressed a willingness to strike down partisan gerrymanders but has yet to accept a rationale for it.

Should the court affirm the ruling, it could upend the next round of state redistricting, in 2021, for congressional and state elections nationwide, most of which is likely to be conducted by Republican-controlled legislatures that have swept into power in recent years.

“It is a huge deal,” said Heather Gerken, a Yale Law School professor and an expert on election law. “For years, everyone has waited for the Supreme Court to do something on this front. Now one of the lower courts has jump-started the debate.

“If this were to be a nationwide standard, 2021 would look quite different,” she said, “especially for the Democrats.”

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