Could states affect gerrymandering outside their state with conspiracy rules?
Submitted by brad on Tue, 2017-10-10 12:41In puzzling over solutions to gerrymandering, I remain stymied by the following problems:
- The people in power don't want to undo the gerrymandering that is putting them in power.
- The courts want to stop gerrymandering but they only overturn rules, they try not to write new ones.
- States could act, especially a few in concert, but what they do might be overturned by the courts
Arguments were heard this week in a lawsuit attempting to get the supreme court to stop gerrymandering. Courts have been ready to declare that a district is gerrymandered, but are reluctant to force states to adopt some rule on how they draw their districts. The concern is that there is no one best and most fair way to draw districts. You can tell when a district is unfair, but it's up to states to write the rules and the courts to rule on their constitutionality. The plaintiffs have a hope that the courts might rule that any districting is a disenfranchisement, and force states to allocate representatives based on a proportional system from a statewide popular vote.
I have wondered if states can find, on their own, the power to fix this. Many states have already written anti-gerrymandering rules for their own districts, but can they make those have extra-territorial effect.
One way is with an interstate compact. I outline a plan for this here. It has the problem that the counter-gerrymandering might be found illegal by the court. Remember the court is ready to say, "That's not a valid district shape" without saying a formula for what a valid district shape is. They just know it when they see it.
Here's another idea -- possibly unconstitutional as well, but it may be improved with refinement.