Gerrymandering Wins: Why This Decision Has Dangers for America
Today, 6/27/19 the Supreme Court passed on making a ruling on gerrymandering which has been practiced in a hyper-partisan extreme way by the GOP in recent years. Two especially egregious test cases had been brought before the court, North Carolina and Maryland.
Today’s Washington Post gives us pertinent sections of John Roberts’ argument in basically siding with the Conservatives by deciding not to make a decision about gerrymandering. WaPo says, “The Supreme Court’s conservatives decided Thursday that federal courts do not have a role to play in deciding whether partisan gerrymandering goes too far.” Roberts says, “ We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts. Federal judges have no license to reallocate political power between two major political parties…”
This is a big setback for Democrats who were hoping that someone could decide how much gerrymandering is too much. Gerrymandering is drawing voting districts that favor one party over another in an election. Extreme gerrymandering can guarantee that a minority party will always win. Both parties have used gerrymandering, which is done at the state level, and there have been times when gerrymandered districts were tortuously contorted, almost on a house-by-house basis. However gerrymandering is not considered part of fair governance and it does not honor everyone’s voting rights. For example, since the GOP sees minority voters as Democrats, they can engineer the boundaries of a district to exclude all minority voters. They may claim that this is strictly partisan, but since it robs minorities of voting power it is also racist.
There is a plan among Conservatives to use Article V of the Constitution to trigger a Constitutional Convention to amend the US Constitution so that it will more nearly conform with Conservative views. Two-thirds of the states must apply for such a convention. Through gerrymandering and the actions of the Conservative group ALEC that has actually dictated bills to state legislatures and then lobbied to get these bills voted into law, the Conservatives already have collected applications for a Constitutional Convention from 28 states. They only need 6 more states to make up the required number of 34. There are 6 more GOP states who have not applied for a Constitutional Convention so far. The two strategies, extreme gerrymandering and collecting states so that Conservatives can call a US Constitutional Convention, show a sophisticated kind of long range planning which could almost amount to a bloodless coup in which one party, the GOP gets to take over the US government and move it as far to the right as they wish.
Since the court will not help overturn the gerrymandering that is most extreme it becomes even more important for the Democrats to win in 2020. If they win in a census year they may have some control over gerrymandering. However, since gerrymandering happens at the state level, and since Conservatives have won over so many states it may be too late to prevent a Constitutional Convention. A Constitutional Convention called by Conservative states could be a disaster for Democrats and for we the people given the partisan divide right now in America.
Fortunately, the court also decided on this same day to deny the right to put a citizenship question on the census. A citizenship question, as evidence recently discovered proves, is another way the GOP is attempting to discourage minorities from voting. Since minorities often vote for Democrats and since minorities may be leery about answering a citizenship question, this could again suppress Democratic Party votes. President Trump, unhappy with the court’s decision about the citizenship question has asked if the census could be delayed until the court can be provided with better information. Has this ever happened before? Maybe. But the Supreme Court was never intended to do the bidding of a president.