What are the options for dealing with Callais’ decimation of Sec. 2 of the Voting Rights Act and Rucho’s determination that partisan redistricting claims are not justiciable in the federal courts?
Callais is already leading to the destruction of Black-majority congressional districts and to the destruction of any hope for a multi-racial democracy, especially in the South. Rucho has led to a battle to the bottom, in which state legislatures have begun redistricting congressional districts to the benefit of the majority party in those states’ legislatures.
There are three principal responses: federal anti-gerrymandering legislation, state anti-legislation, and proportional representation.
Federal Anti-Gerrymandering Legislation
Congress has the power, pursuant to Article 1, Section 4 of the Constitution, to enact laws governing the time, place, and manner of elections for Members of the House of Representatives. Democrats have repeatedly introduced bills in Congress that would prohibit states from engaging in partisan gerrymandering or redistricting and from redistricting congressional districts in mid-decade. The current bills are S. 2885 and H.R. 5449.
Those bills would prohibit any state from using “a redistricting plan to conduct an election that, when considered on a statewide basis, has been drawn with the intent or has the effect of materially favoring or disfavoring any political party.” They would establish criteria for deciding whether a districting plan was adopted for partisan reasons, would establish a private right of action with three-judge panels and a right to appeal to the D.C. Circuit, and would require each state to establish independent, non- partisan redistricting commissions.
The House passed, in 2022, the Freedom to Vote: John R. Lewis Act, which contained prohibitions against partisan congressional redistricting. But the bill died in the Senate because of a Republican filibuster.
Right now, the bills prohibiting partisan redistricting would meet a similar fate, and would be vetoed by Pres. Trump if the Senate amended the filibuster rules to let them pass. Republicans now believe that partisan redistricting is in their partisan best interests.
It is possible that Democrats in states with legislatures controlled by their party will be able to create enough new Democratic congressional seats to cancel out the new Republican congressional seats created by Republican state legislators. Only if the two parties realize that they are evenly disadvantaged by partisan redistricting will congressional Republicans probably agree to sponsor these bills.
State Anti-Gerrymandering Legislation
A number of states require redistricting to be done by independent commissions, provided that partisan redistricting claims are justiciable in those states’ courts, or otherwise prohibit or limit partisan redistricting. Florida, for example, has state constitutional provisions prohibiting maps “drawn with the intent to favor or disfavor a political party or an incumbent.”
Those provisions did not stop Florida Gov. DeSantis and the Republican- controlled state legislature from adopting new maps that, if adopted, would net 4 new seats for Republicans. A circuit court judge, on May 26, 2026, refused to issue a preliminary injunction because he concluded there was “insufficient evidence of impermissible intent.” That judge would have accepted the legislature’s denial that Donald Duck is a duck.
Proportional Representation
Another approach would be to abandon gerrymandering altogether, by providing for proportional representation on a state-wide basis. For example, assume that a state has 10 congressional districts and that Party A won 60% of the congressional vote state-wide, while Party B won 40% of the vote. In a proportional system, six of the state’s districts would be represented by politicians affiliated with Party A, and 40% by representatives from Party B.
In that system, the districts with the highest votes for Party A would have representatives from that party. That would eliminate the worst inequities of partisan gerrymandering. People would no longer see their votes wasted because of the drawing of district boundaries. That would incentivize each political party and each party’s voters to vote, regardless of the way the boundaries are drawn.
However, there is a real possibility that a proportional-representation scheme in a state with a large number of congressional districts, such as California or Texas, could be won by minor parties, which could further fracture the political system. Overall, however, this kind of scheme would reduce extreme partisanship and eliminate the current race to the bottom of racial gerrymandering.
Written By Barry Roseman, SU4W Board Member


