While the Supreme Court has consistently found certain types of racial gerrymandering to be illegal, it has a much more ambiguous record on partisan gerrymanders in which voters are grouped or split based not on race but on their political orientation.
In his time on the Supreme Court, Stevens consistently opposed so-called partisan gerrymandering, but he was often in the minority.
While the Supreme Court ruled in 1986 that partisan gerrymandering was unconstitutional and could be challenged in court [5], it set such a high standard of proof [6]that it made legal challenges of such districts extremely difficult. Since then, the Court has remained divided on whether there is any viable way to set a judicial standard for what makes a given district an illegal gerrymander.
Is Partisan Gerrymandering Unconstitutional?
via propublica.org
