WASHINGTON, DC: Southeastern Legal Foundation filed an amicus brief with the U.S. Supreme Court in the much-anticipated Gill v. Whitford, a challenge to the Wisconsin Legislature’s redistricting plan as a political gerrymander. The challengers, a group of Democrats, asked the Court to overturn the redistricting plan because it does not ensure that Democrats will win. What they miss is that the Constitution and Voting Rights Act protect citizens as individuals – they do not, and should not, provide assurance that a particular political party will win. As SLF argues in its brief, the courts should not consider political gerrymandering claims. Experience demonstrates the fragility of overreaching political gerrymandering claims. Parties change, power changes. Take Alabama for example – the Alabama Democrats drew the 2001 redistricting plan which resulted in Democratic control of the State Senate and House . . . that is, until 2010 when under that same plan, Republicans took a supermajority in each chamber. Those 2010 elections and many elections elsewhere (like the 2016 presidential election), demonstrate the inherent malleability of political affiliation. If people want their candidates elected, they should be required to generate a majority at the polls, without judicial intervention.
Click here for SLF's SCOTUS brief