7 - The Democratic Harms of Gerrymandering

Summary

In this chapter we consider who gerrymandering harms and how. We start by explaining how Vieth v. Jubelirer (2004) and the revival of gerrymandering after 2010 can be viewed as an attempt to roll back the voting rights revolution of the 1960s. That is to say, it is a fundamental assault on the principle of “one-person, one-vote.” We then consider how the harms of state legislative gerrymandering are different than the harms caused by congressional gerrymandering, given the role of state legislatures in redistricting and regulating elections at all levels. Then we consider the question of who suffers harm produced by partisan gerrymandering. We show that those suffering harm are not only those in gerrymandered districts or identifying with disadvantaged parties, but rather all citizens. Finally, we consider gerrymandering in the context of the broader crisis of faith in democracy and on American federalism.