League of Latin American Citizens v. Perry
548 U.S. 399 (2006)
Traditionally, States redraw
the lines for congressional districts once every 10 years, after the new
census numbers are released.
Republicans took control of
the Texas State Legislature in 2002, and immediately announced that they
were redistricting in order to make it more likely that Republicans would
be elected to the US House of Representatives (aka gerrymandering).
The districts had been
redrawn after the 2001 census, so they were not due to be redrawn again
until 2011.
The change meant that
instead of having 17 Democrats and 15 Republican congressmen from Texas,
there would be 21 Republicans and 11 Democrats.
The Republicans blatantly
admitted that they were doing this for purely partisan reasons.
A number of people sued for an
injunction, claiming that the off-cycle redistricting was
unconstitutional.
They argued that the
redistricting violated the Equal Protection Clause, and the 1st Amendment
because it served no legitimate public purpose and burdened a group
because of their political opinions and affiliation.
The US Supreme Court found
most of the redistricting to be constitutional.
The US Supreme Court found
that nothing in the Constitution or Federal law prevents States from
redistricting as often as they want to.
The Court found that the
redistricting of one district was a violation of the Voting Rights Act, because it dissolved a qualified protected
majority-minority and diluted the voting strength of minority voters.
This case continued the
precedent set by Vieth v. Jubelirer
(541 U.S. 267 (2004)) and Davis v. Bandemer (478 U.S. 109 (1986)). Again, the Court said
that there is no reliable standard for identifying unconstitutional
political gerrymandering, and until there is, gerrymandering will remain a
political question, and therefore not judiciable.