The Supreme Court justices seemed to grasp the problem of gerrymandering in oral arguments on Wednesday and that it will only get worse, as computer-assisted redistricting gets even more refined. But they appeared frustrated over what to do about it — without becoming the constant police officer on the beat. This case, involving a Democratic-drawn congressional district in Maryland, is essentially Act II of the gerrymandering play at the Supreme Court.
Act I opened the first week in October when the nine justices heard arguments in a case testing whether there is any constitutional limit to partisan gerrymandering — the practice of drawing legislative district lines to maximize and perpetuate the power of the incumbent party. At issue in the case is the Republican gerrymander of the Wisconsin Legislature — a design that delivered nearly two-thirds of the districts to the GOP even as Republicans lost the statewide vote.
In the Maryland case argued Wednesday, Michael Kimberly, the attorney for the Republican plaintiffs, contended that the map drawers succeeded in “rigging” an election, and the average American voter understands what’s going on. He dubbed it an affront to democracy.