Judges recognize partisan gerrymandering as a constitutional harm but lack an enforceable remedy

Evidence

The constitutional rule of “one person, one vote” now governs the drawing of electoral districts. Race-conscious gerrymandering is mandated by the Voting Rights Act to ensure a measure of minority representation, but also constrained by the Equal Protection Clause to avoid overly or too overtly race-based decision making. The Supreme Court has deemed political gerrymandering a constitutionally cognizable problem, albeit one for which the Justices have not been able to agree upon a judicially manageable solution. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 99

Categorization

• XREF: connects to: Gerrymandered legislative majorities can nullify the results of elections they lose — Nikole Hannah-Jones et al., The 1619 Project: A New American Origin…, 656; Written constitutional rights fail when the community collectively opposes them; Judges make hidden factual assumptions that parties cannot challenge — Frederick Schauer, Thinking Like a Lawyer, 397

Broader Connections

• Gerrymandered legislative majorities can nullify the results of elections they lose #expands (0.85) — Nikole Hannah-Jones et al., The 1619 Project, 656
• Written constitutional rights fail when the community collectively opposes them #expands (0.75)
• Judges make hidden factual assumptions that parties cannot challenge #complicates (0.70) — Frederick Schauer, Thinking Like a Lawyer, 397