
I’m of mixed minds regarding yesterday’s SCOTUS decision regarding racial gerrymandering. For a complete rundown of the decision see Amy Howe’s post at SCOTUSBlog.
As I see it there are two distinct but interrelated matter—the policy issue and the legal issue. As Ms. Howe’s post should make clear most of the commentary including the dissents by three Supreme Court justices are on the policy issue. I am more concerned about the legal concerns in the decision. If anyone can point me to a good, dispassionate discussion of those, I would greatly appreciate it.
There’s a clear problem: roughly a third of Louisiana’s voting age population is black. All else equal one might expect roughly a third of Louisianas’s Congressional representatives to be black, too. That would be two representatives. Sometimes one, sometimes three, but generally two.
Now consider the proposed map of districts at the top of this post which the SCOTUS decision declared unconstitutional. The proposed 6th district is rather obviously ferociously gerrymandered. At the current scale, congressional districts are too coarse to reflect underlying demographic realities without distortion; increasing granularity reduces the need for those distortions. My preferred solution to the problem would be for Congress to double the number of Congressional representatives. Since the size of Congress was fixed in 1929 by the Permanent Apportionment Act, an act of Congress would be sufficient to change that. Let’s engage in a thought experiment and imagine doubling the size of the House. Louisiana’s Congressional districts would increase from six to twelve. That would allow one majority black district around New Orleans, one majority black district around Baton Rouge, one majority black district around Shreveport, and, possibly one additional majority black district, much less gerrymandered than the proposed Sixth District.
In other words, the problem that’s being addressed isn’t simply racism or partisanship. It’s racism and partisanship and the lack of granularity in Congressional districts. The point isn’t that increasing the number of districts would eliminate gerrymandering or resolve the legal tensions in voting-rights law. It’s that it would change the incentives. With smaller, more numerous districts, the payoff from any single act of line-drawing is reduced, and the need for extreme, long-distance stitching of populations, whether for partisan or racial purposes, is correspondingly diminished.






