The Supreme Court’s hands are tied on gerrymandering

A 2019 U.S. Supreme Court ruling is facing renewed criticism as a redistricting battle unfolds in Texas. With Democrats fleeing the state to block a Republican-led vote, critics argue the Court’s hands-off approach to partisan gerrymandering has opened the door to political manipulation — especially for minority communities.

Supreme Court ruling

In Rucho v. Common Cause, the Supreme Court ruled in a 5–4 decision that federal courts have no authority to decide cases involving partisan gerrymandering. Writing for the majority, Chief Justice John Roberts called such disputes “political questions beyond the reach of the federal courts.” In her dissent, Justice Elena Kagan warned that the decision would leave democracy vulnerable, noting, “Of all times to abandon the Court’s duty to declare the law, this was not the one.”

Supreme Court steps back

Since the Rucho ruling, federal courts have stepped aside on redistricting cases, placing more power in the hands of state lawmakers. In partisan states, this has paved the way for one-party control over election maps, with little federal oversight. While the Court recognized that gerrymandering contradicts democratic ideals, the decision shifted responsibility to the political process. That shift is now playing out in real time in Texas, where redistricting is shaping the political landscape. 

The consequences

In protest of a GOP redistricting plan, dozens of Texas Democrats, led by Representative Gene Wu, left the state for Illinois to block a vote in the Texas House. Their goal is to stop a vote on a congressional map they argue would strengthen Republican control in Washington. Texas Governor Greg Abbott responded by petitioning the state Supreme Court to remove Rep. Wu from office. “There must be consequences,” Abbott said in a statement alongside the petition.

Texas Governor’s warning

Abbott escalated his criticism of the lawmakers who fled, warning of formal action if they failed to return. “I made clear in a formal statement on Sunday, August 3, that if the Texas House Democrats were not in attendance when the House reconvened at 3 p.m. on Monday, August 4, then action would be taken to seek their removal. They have not returned and have not met the quorum requirements. … Representative Wu and the other Texas House Democrats have shown a willful refusal to return, and their absence for an indefinite period of time deprives the House of the quorum needed to meet and conduct business on behalf of Texans.”

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