Lawsuits have been filed against a number of passed congressional and legislative maps on the grounds of either racial gerrymandering or partisan gerrymandering. These states include Alabama, Alaska, Arkansas, Georgia, Idaho, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, North Carolina, Ohio, South Carolina and Texas. As more states continue to adopt maps through the redistricting process, the number of lawsuits filed will potentially increase.
Racial gerrymandering Lawsuits have been filed in multiple states against congressional and state legislative maps due to claims that the new maps disenfranchise minority voters. In Alabama, four lawsuits were filed against the congressional and state legislative maps, alleging racial bias and violation of the
Voting Rights Act of 1965 (VRA) by diluting the power of minority voters in the state. On January 24, 2022, a three-judge panel blocked Alabama's congressional maps over claims it likely violates the VRA. The panel argued that because African Americans counted for a considerable percentage of the total population growth, there should be more opportunities for representation. On February 7, 2022, the
Supreme Court temporarily reinstated Alabama's congressional map and added Alabama's appeal to their 2022 case list, with the hearing date yet to be decided. On June 8, 2023, the Supreme Court upheld the lower court's decision, ruling in
Allen v. Milligan that Alabama did in fact illegally dilute the power of Black voters. The Alabama Legislature defied the Supreme Court, drawing a map with only a single Black-majority district, rather than the ruling's minimum two districts. The
NAACP and
American Civil Liberties Union sued multiple state officials in Arkansas over the new state House districts, arguing that they unconstitutionally underrepresented Black voters. A Trump appointed US District judge ruled that the groups did not have standing, and stated that the plaintiff must be the US Attorney General in February, 2022. The ACLU appealed the ruling following the decision by the
United States Department of Justice not to intervene. US Senator
Tom Cotton filed an amicus brief with the court supporting the state of Arkansas, calling racial gerrymandering accusations "baseless". Two lawsuits were also filed against Arkansas's congressional districts, arguing that the map disenfranchised black voters by splitting
Pulaski County between three congressional districts and moving 23,000 black voters out of
Arkansas's 2nd congressional district. In Georgia, staff attorneys at the
Southern Poverty Law Center claimed that, "the maps produced out of the special legislative session block Georgia's communities of color from obtaining political representation that reflects their population growth". The
American Civil Liberties Union of Georgia filed suit in December 2021, alleging that both state legislative maps and congressional maps violated the VRA. Specifically, the 6th, 13th, and 14th congressional districts were challenged. In March 2022, Judge
Steve C. Jones allowed Georgia's congressional and state legislative maps to take effect for the
2022 Georgia state elections even though he believed that it was likely "that certain aspects of the State's redistricting plans are unlawful." Despite this, he decided that overturning Georgia's maps so close to the May primary would prove overly disruptive. Later, in October 2023, Judge Jones found that Georgia's maps did illegally discriminate against Black voters, ordering the state to create an additional majority-Black district. A map was later drawn that protected both the Republican delegation of seats and added a majority-minority district. In Michigan, on March 23, 2022, a group of nineteen African-American Detroiters who live in thirteen different Michigan House and Senate districts in portions of Detroit sued the
Michigan Independent Citizens Redistricting Commission ("MICRC") for violating the Equal Protection Clause of the United States Constitution and the Voting Rights Act. On December 21, 2023, a three-judge panel of the United States District Court for the Western District of Michigan determined that the MICRC "overwhelmingly - indeed, inescapably" drew the boundaries of the plaintiffs' districts predominantly on the basis for race. The three-judge panel enjoined further use of the Michigan House and Michigan Senate maps drawn by the MICRC and ordered the maps to be redrawn. In Texas, the
League of United Latin American Citizens and others filed a lawsuit against congressional and state legislative maps after they had passed the state legislature, but before they had been signed into law. They argued that despite over 50% of Texas's population growth over the past ten years being due to Hispanic citizens, the maps not only failed to add new Hispanic majority districts, but also eliminated several existing districts, violating the Voting Rights Act. Republican state legislators claim that the maps were drawn without taking race into account, and that their legal counsel had previously advised them that the maps were legal under federal law. In December 2021, the
Department of Justice also filed a lawsuit against Texas's new congressional and state house maps, arguing that they "were drawn with discriminatory intent". Subsequently, two Republican aligned groups sued to overturn the new congressional maps, arguing that they were partisan gerrymanders that "cracked" Republican voters across several districts, diluting their voting power. Primaries in the state were delayed to July 19 due to the ongoing litigation. On March 25, 2022, a circuit court judge threw out the congressional districts, calling them an "extreme gerrymander" that disenfranchised multiple communities of interest. New York's congressional, state assembly, and state senate districts were thrown out by a New York state judge on March 31, 2022, for violating a state Constitutional provision banning partisan gerrymandering. Upon a second appeal by the state Democratic party, The New York State Court of Appeals found that the congressional and state senate districts were "drawn with impermissible partisan purpose." As such, both maps were found unconstitutional, and
Carnegie Mellon University post-doctoral fellow Jonathan Cervas was appointed as an independent special master to draw new maps. Federal Judge
Gary L. Sharpe of the
Northern District of New York delayed New York's congressional and state senate primaries to August in May 2022, rejecting an argument from state Democrats that the primary must take place in June, and so it was too late to redraw new maps. He called the argument "a Hail Mary pass, the object of which is to take a long-shot try at having the New York primaries conducted on district lines that the state says is unconstitutional". The Republican Party of New Mexico sued to overturn the new congressional maps, arguing that they unduly favor Democrats and dilute Republican voting strength, thereby violating the equal protection clause of the New Mexico state constitution. New Mexico Governor
Michelle Lujan Grisham characterized the congressional map as one "in which no one party or candidate may claim any undue advantage." However, on October 6, 2023, the
New Mexico Supreme Court ruled the gerrymander wasn't egregious enough to the extent it was illegal. In February 2022, the
North Carolina Supreme Court struck down both state legislative maps and the congressional map initially passed by the state legislature in November 2021, citing partisan gerrymandering that violated the state Constitution. As a result, the North Carolina legislature drafted new maps, which they submitted to the court for approval. A three-judge panel of the court upheld the legality of both state legislative maps, but had court-appointed special masters redraw the congressional map, which was released and approved in February 2022. However, the case ruled that South Carolina's maps were not unconstitutional, making it tougher to overturn racially gerrymandered maps.
Court-run redistricting State supreme courts have selected or drafted new congressional maps in Connecticut, Minnesota, North Carolina, New Hampshire, Pennsylvania, Virginia, and Wisconsin following the failure of redistricting panels or lawmakers to pass new maps in each state. The
Connecticut Supreme Court was forced to take over the congressional redistricting process after the bipartisan legislative panel deadlocked and failed to agree on new maps. The court appointed
Nathaniel Persily, who drew Connecticut's 2010 maps, as special master to draw the new congressional districts. Persily drew a least-change map, making only the adjustments necessary to ensure equal population in each congressional district. The court adopted Persily's recommended map on February 10, 2022. The special masters in coordination with the Wake County Superior Court found that the new congressional map was unconstitutional, and instead implemented their own map on February 23, 2022. Following the failure of the
Minnesota Legislature to pass either congressional or state legislative districts by the mandated February 5, 2022, deadline, the
Minnesota Supreme Court appointed a five-member commission to draw new boundaries. The panel released the state's new maps later in February. == Mid-decade redistricting ==