Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases. The court summarized its Baker holding in a later decision as follows: "Equal Protection Clause of the Fourteenth Amendment limits the authority of a State Legislature in designing the geographical districts from which representatives are chosen either for the State Legislature or for the Federal House of Representatives.". The court had previously held in Gomillion v. Lightfoot that districting claims over racial discrimination could be brought under the Fifteenth Amendment.
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members, and an upper house, the Senate of Virginia, with 40 members. Senators serve terms of four years, and Delegates serve two-year terms. Combined, the General Assembly consists of 140 elected representatives from an equal number of constituent districts across the commonwealth. The House of Delegates is presided over by the Speaker of the House, while the Senate is presided over by the Lieutenant Governor of Virginia. The House and Senate each elect a clerk and sergeant-at-arms. The Senate of Virginia's clerk is known as the "Clerk of the Senate".
Redistricting in the United States is the process of drawing electoral district boundaries. For the United States House of Representatives, and state legislatures, redistricting occurs after each decennial census.
Reynolds v. Sims, 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with Baker v. Carr (1962) and Wesberry v. Sanders (1964), it was part of a series of Warren Court cases that applied the principle of "one person, one vote" to U.S. legislative bodies.
Virginia is currently divided into 11 congressional districts, each represented by a member of the United States House of Representatives.
In the United States, a redistricting commission is a body, other than the usual state legislative bodies, established to draw electoral district boundaries. Generally the intent is to avoid gerrymandering, or at least the appearance of gerrymandering, by specifying a nonpartisan or bipartisan body to comprise the commission drawing district boundaries.
The California Citizens Redistricting Commission is the redistricting commission for the State of California responsible for determining the boundaries of districts for the State Senate, State Assembly, and Board of Equalization. The commission was created in 2010 and consists of 14 members: five Democrats, five Republicans, and four from neither major party. The commission was created following the passage in November 2008 of California Proposition 11, the Voters First Act. The commissioners were selected in November and December 2010 and were required to complete the new maps by August 15, 2011.
The U.S. state of Arizona, in common with the other U.S. states, must redraw its congressional and legislative districts every ten years to reflect changes in the state and national populations. Redistricting normally follows the completion of the United States census, which is carried out by the federal government the first year of every decade; the most recent census took place in 2020. Historically, Arizona's legislature had control over the redistricting process. However, Proposition 106, passed in 2000, delegated the power to draw congressional and legislative boundaries to a bipartisan independent commission. The Arizona Independent Redistricting Commission (AIRC) comprises two Democrats, two Republicans, and one independent chair. County and local redistricting, which normally takes place along the same timeline as congressional and legislative redistricting, is carried out by the individual county and local governments rather than the AIRC.
Gerrymandering in the United States has been used to increase the power of a political party. Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. The term "gerrymandering" was coined after a review of Massachusetts's redistricting maps of 1812 set by Governor Elbridge Gerry noted that one of the districts looked like a salamander.
Arizona State Legislature v. Arizona Independent Redistricting Commission, 576 U.S. 787 (2015), was a United States Supreme Court case where the Court upheld the right of Arizona voters to remove the authority to draw election districts from the Arizona State Legislature and vest it in an independent redistricting commission. In doing so, the Court expressly rejected a nascent version of the independent state legislature theory.
Evenwel v. Abbott, 136 S. Ct. 1120 (2016), was a United States Supreme Court case in which the Court held that the principle of one person, one vote, under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution allows states to use total population, not just total voting-eligible population, to draw legislative districts.
The 2020 United States redistricting cycle is in progress following the completion of the 2020 United States census. In all fifty states, various bodies are re-drawing state legislative districts. States that are apportioned more than one seat in the United States House of Representatives are also drawing new districts for that legislative body.
Rucho v. Common Cause, No. 18-422, 588 U.S. ___ (2019) is a landmark case of the United States Supreme Court concerning partisan gerrymandering. The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the remit of these courts.
Redistricting in North Carolina has been a controversial topic due to allegations and admissions of gerrymandering.
Redistricting in Wisconsin is the process by which boundaries are redrawn for municipal wards, Wisconsin State Assembly districts, Wisconsin State Senate districts, and Wisconsin's congressional districts. Redistricting occurs—as in other U.S. states—once every decade, usually in the year after the decennial United States census. According to the Wisconsin Constitution, redistricting in Wisconsin follows the regular legislative process, it must be passed by both houses of the Wisconsin Legislature and signed by the Governor of Wisconsin—unless the Legislature has sufficient votes to override a gubernatorial veto. Due to legislative gridlock, however, it has become common for Wisconsin redistricting to be conducted by courts. The 1982, 1992, and 2002 legislative maps were each created by panels of United States federal judges.
The 2010 United States redistricting cycle took place following the completion of the 2010 United States census. In all fifty states, various bodies re-drew state legislative districts. States that are apportioned more than one seat in the United States House of Representatives also drew new districts for that legislative body. The resulting new districts were first implemented for the 2011 and 2012 elections.
Smiley v. Holm, 285 U.S. 355 (1932), was a decision of the Supreme Court of the United States involving a governor's power to veto a congressional redistricting proposal passed by a state's legislature. In an opinion by Chief Justice Charles Evans Hughes, the Court unanimously held that the U.S. Constitution did not prohibit Minnesota's governor from vetoing that state's redistricting map.
The independent state legislature theory or independent state legislature doctrine (ISL) posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts, governors, or other bodies with legislative power. Advocates of ISL ground their interpretation in the Elections and Electors Clauses of the U.S. Constitution. Where state legislatures enact laws that conflict with their state constitutions, including provisions added to those constitutions through ballot initiatives passed by a state's citizens, proponents of ISL believe that state legislation rather than state constitutions take precedence. They also argue that only the federal courts, not state courts, can resolve conflicts between state laws and state constitutions with respect to administration of federal elections within a state.
Moore v. Harper is an ongoing United States Supreme Court case related to the independent state legislature theory (ISL), arising from the redistricting of North Carolina's districts by the North Carolina legislature following the 2020 census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.
