Origins (1789–2000) , as a dragon-like "monster". Federalist newspapers' editors and others at the time likened the district shape to a
salamander, and the word
gerrymander was born out of a
portmanteau of that word and Governor Gerry's surname. Partisan gerrymandering, which refers to redistricting that favors one political party, has a long tradition in the United States. Starting from the
William Cabell Rives in mid-19th century it is often stated that it precedes the
1789 election of the
First U.S. Congress: namely, that while
Patrick Henry and his
Anti-Federalist allies were in control of the
Virginia House of Delegates in 1788, they drew the boundaries of
Virginia's 5th congressional district in an unsuccessful attempt to keep
James Madison out of the
U.S. House of Representatives. However, in early 20th century it was revealed that this theory was based on incorrect claims by Madison and his allies, and recent historical research disproved it altogether. The word gerrymander (originally written "Gerry-mander") was used for the first time in the
Boston-Gazette on March 26, 1812, in reaction to a redrawing of
Massachusetts state senate election districts under the then-governor
Elbridge Gerry (1744–1814), who signed a bill that redistricted Massachusetts to benefit his
Democratic-Republican Party. When mapped, one of the contorted districts to the north of Boston, the Essex South district, was said to resemble the shape of a
salamander. The coiner of the term "gerrymander" may never be firmly established. Historians widely believe that the
Federalist newspaper editors
Nathan Hale, and Benjamin and
John Russell were the instigators, but the historical record does not have definitive evidence as to who created or uttered the word for the first time. Appearing with the term, and helping to spread and sustain its popularity, was a
political cartoon depicting a strange animal with claws, wings and a dragon-like head satirizing the map of the odd-shaped district. This cartoon was most likely drawn by
Elkanah Tisdale, an early 19th-century painter, designer, and engraver who was living in Boston at the time. and "Perrymander" (a reference to Texas Governor
Rick Perry). In the 1960s, a series of "
one person, one vote" cases were decided by the Supreme Court, which resulted in a mandate of
redistricting in response to the results of each census. Prior to these decisions, many states had stopped redrawing their districts. As a result of the periodic need to redistrict, political conflicts over redistricting have sharply increased.
2000–2010 The potential to gerrymander a district map has been aided by advances in computing power and capabilities. Using
geographic information system and census data as input, mapmakers can use computers to process through numerous potential map configurations to achieve desired results, including partisan gerrymandering. Computers can assess voter preferences and use that to "pack" or "crack" votes into districts. Packing votes refers to concentrating voters in one voting district by redrawing congressional boundaries so that those in opposition of the party in charge of redistricting are placed into one larger district, therefore reducing the party's congressional representation. Partisan gerrymandering oftentimes leads to benefits for a particular political party, or, in some cases, a race. In Pennsylvania, the Republican-dominated state legislature used gerrymandering to help defeat Democratic representative
Frank Mascara. Mascara was elected to Congress in 1994. In 2002, the Republican Party altered the boundaries of his original district so much that he was pitted against fellow Democratic candidate
John Murtha in the election. The shape of Mascara's newly drawn district formed a finger that stopped at his street, encompassing his house, but not the spot where he parked his car. Murtha won the election in the newly formed district. State legislatures have used gerrymandering along racial or ethnic lines both to decrease and increase minority representation in state governments and congressional delegations. In the state of Ohio, a conversation between Republican officials was recorded that demonstrated that redistricting was being done to aid their political candidates. The discussions assessed race of voters as a factor in redistricting, because African-Americans had backed Democratic candidates. Republicans apparently removed approximately 13,000 African-American voters from the district of
Jim Raussen, a Republican candidate for the House of Representatives, in an attempt to tip the scales in what was once a competitive district for Democratic candidates. International election observers from the
Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights, who were invited to observe and report on the
2004 national elections, expressed criticism of the U.S. congressional redistricting process and made a recommendation that the procedures be reviewed to ensure genuine competitiveness of congressional election contests.
2010–2020 In the lead-up to the
2010 United States elections, the Republican Party initiated a program called
REDMAP, the Redistricting Majority Project, which recognized that the party in control of state legislatures would have the ability to set their congressional and legislative district maps based on the pending
2010 United States census to assure that party's control over the next ten years. The Republicans took significant gains from the 2010 elections across several states, and by 2011 and 2012, some of the new district maps showed Republican advantage through perceived partisan gerrymandering. This set the stage for several legal challenges from voters and groups in the court system, including several heard at the Supreme Court level. In 2015,
Thomas Hofeller was hired by the
Washington Free Beacon to analyze what would happen if political maps were drawn based on the population of voting-age U.S. citizens rather than the total population. He concluded that doing so "would be advantageous to Republicans and non-Hispanic whites." Although the study was not published, it was discovered after his death in 2018. Attorney General
William P. Barr and Commerce Secretary
Wilbur L. Ross Jr. have refused to cooperate with an investigation into why the Trump administration added a U.S. citizenship question to the
2020 census and specifically whether it seeks to benefit Republicans as suggested by Hofeller's study. In 2015, Analyst Kimball Brace stated that the two major parties have traditionally differed in the way they redraw districts: Democrats have constructed coalition districts of liberals and minorities together with conservatives, while Republicans have constructed districts that are more demographically homogeneous. Several state court rulings found partisan gerrymandering to be impermissible under state constitutions, and several state ballot measures passed in 2018 that require non-partisan commissions for the 2020 redistricting cycle.
2021–present In August 2025, Texas Republicans in the state house passed a
mid-decade redistricting, with the new maps drawn to give the state five new Republican-majority districts, giving them 30 of the state's 38 seats in the U.S. House of Representatives ahead of the 2026 general elections. This was accomplished by gerrymandering strong Democratic urban areas like Austin, San Antonio, Houston, and Dallas. While the redistricting was stated to be only on partisan lines by the Republicans, allowed by
Rucho v. Common Cause, Democratic lawmakers in Texas claimed that the new maps violated the VRA due to racial gerrymandering and plan to challenge the maps in court.
Legality (outlined in red), in 2002, left, and 2004, right. In 2003, the majority of Republicans in the Texas legislature
redistricted the state, diluting the voting power of the heavily Democratic county by parceling its residents out to more Republican districts. In 2004 the orange
district 25 was intended to elect a Democrat while the yellow and pink
district 21 and
district 10 were intended to elect Republicans. District 25 was redrawn as the result of a 2006 Supreme Court decision. In the
2011 redistricting, Republicans divided Travis County among five districts, only one of which, extending to San Antonio, elects a Democrat.
Federal courts In 1962, a 6-2 decision decided by the
Supreme Court of the United States' stated in
Baker v. Carr that state issues regarding state legislative redistricting could be reviewed by federal courts. Though, the original reason the case was brought to court was due to resident Charles Baker arguing that Tennessee's previous districts violated the
Equal Protection Clause through subjugating urban areas to less political voting power, as opposed to rural areas. Despite the original claim, the court did not address the constitutionality of Tennessee's districts. After
Baker v. Carr, in 1963 was
Wesberry v. Sanders in which The Supreme Court of the United States decided that Georgia's congressional district mappings violated Article 1, Section 2 of the U.S. Constitution, which states representatives must be "chosen... by the People of the several States." Subsequently,
Reynolds v. Sims challenged the
14th Amendment's constituent on equal representation in terms of the issue on equal representation for voters in rural areas having less power than voters in urban areas. One argument from
Reynolds states, "Again, people, not land or trees or pastures, vote." This ultimately decided the principle of "
One man, one vote." Whether a redistricting results in a partisan gerrymandering has been a frequent question put to the United States court system, but which the courts have generally avoided a strong ruling for fear of showing political bias towards either of the major parties. The Supreme Court had ruled in
Davis v. Bandemer (1986) that partisan gerrymandering violates the
Equal Protection Clause and is a
justiciable matter. However, in its decision, the Court could not agree on the appropriate constitutional standard against which legal claims of partisan gerrymandering should be evaluated. Writing for a plurality of the Court, Justice White said that partisan gerrymandering occurred when a redistricting plan was enacted with both the intent and the effect of discriminating against an identifiable political group. Justices Powell and Stevens said that partisan gerrymandering should be identified based on multiple factors, such as electoral district shape and adherence to local government boundaries. Justices O'Connor, Burger, and Rehnquist disagreed with the view that partisan gerrymandering claims were
justiciable and would have held that such claims should not be recognized by courts. did a lower court strike down a redistricting plan on partisan gerrymandering grounds. While the Court upheld that partisan gerrymandering could be justiciable, the justices were divided in this specific case as no clear standard against which to evaluate partisan gerrymandering claims emerged. Writing for a plurality, Justice Scalia said that partisan gerrymandering claims were nonjusticiable. A majority of the court would continue to allow partisan gerrymandering claims to be considered justiciable, but those justices had divergent views on how such claims should be evaluated. Justice
Anthony Kennedy, in a concurrence with the plurality, offered that a manageable means to determine when partisan gerrymandering occurred could be developed, and challenged lower courts to find such means. Opinions from
Vieth and
League, as well as the strong Republican advantage created by its REDMAP program, had led to a number of political scholars working alongside courts to develop such a method to determine if a district map was a justiciable partisan gerrymandering, as to prepare for the
2020 elections. Many early attempts failed to gain traction the court system, focusing more on trying to show how restricting maps were intended to favor one party or disfavor the other, or that the redistricting eschewed traditional redistricting approaches. The first major legal test of the efficiency gap came into play for
Gill v. Whitford (2016). The District Court in the case used the efficiency gap statistic to evaluate the claim of partisan gerrymander in Wisconsin's legislative districts. In the 2012 election for the state legislature, the efficiency gap was 11.69% to 13% in favor of the Republicans. "Republicans in Wisconsin won 60 of the 99 Assembly seats, despite Democrats having a majority of the statewide vote." The court found that the disparate treatment of Democratic and Republican voters violated the 1st and 14th amendments to the U.S. Constitution. The District Court's ruling was challenged and appealed to the
Supreme Court of the United States, which in June 2017 agreed to hear oral arguments in the case in the 2017–2018 term of court. The case was then dismissed due to lack of standing for the plaintiffs with no decision on the merits being made. The case was then remanded for further proceedings to demonstrate standing. While previous redistricting cases before the Supreme Court have involved the Equal Protection test, this case also centers on the applicability of the First Amendment
freedom of association clause.
Benisek v. Lamone was a separate partisan gerrymandering case heard by the Supreme Court in the 2017 term, this over perceived Democratic-favored redistricting of
Maryland's 6th congressional district, with plaintiffs trying to get a stay on the use of the new district maps prior to the October 2018 general election. The Court did not give opinions on whether the redistricting was unconstitutional, but did establish that on the basis of
Gill that the case should be reconsidered at the District Court. The District Court did subsequently rule the redistricting was unconstitutional, and that decision was appealed again to the Supreme Court and was heard under the name
Lamone v. Benisek alongside
Rucho v. Common Cause on March 26, 2019.
Rucho v. Common Cause deals with Republican-favored gerrymandering in North Carolina. The District Court had ruled the redistricting was unconstitutional prior to
Gill; an initial challenge brought to the Supreme Court resulted in an order for the District Court to re-evaluate their decision in light of
Gill. The District Court, on rehearing, affirmed their previous decision. The state Republicans again sought for review by the Supreme Court which was heard alongside
Lamone v. Benisek on March 26, 2019. Within a week, a similar decision was arrived by a federal district court reviewing Ohio's district maps since 2012 and were declared unconstitutional as they were drawn by the Republican-majority lawmakers with "invidious partisan intent", and ordered the maps redrawn. The Republican-favored maps led Ohio's residents to vote for a statewide initiative that requires the new redistricting maps after the 2020 census to have at least 50% approval from the minority party. The Republican party sought an immediate challenge to the redistricting order, and by late May 2019, the Supreme Court ordered both the court-ordered redrawing to be put on hold until Republicans can prepare a complete petition, without commenting on the merits of the case otherwise. Additionally, observers to the Supreme Court recognized that the Court would be issuing its orders to the North Carolina and Maryland cases, which would likely affect how the Michigan and Ohio court orders would be interpreted.
Rucho v. Common Cause and
Lamone v. Benisek were decided on June 27, 2019, which, in the 5–4 decision, determined that judging partisan gerrymandering cases is outside of the remit of the federal court system due to the political questions involved. The majority opinion stated that extreme partisan gerrymandering is still unconstitutional, but it is up to Congress and state legislative bodies to find ways to restrict that, such as through the use of independent redistricting commissions.
State courts The
Pennsylvania Supreme Court ruled in
League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania that gerrymandering was unconstitutional, ruling that the districts drawn to favor Republicans violated
"free and equal" Elections Clause of the Pennsylvanian constitution and redrew the districts after the state government failed to comply with the deadline in its order to redraw. The U.S. Supreme Court denied to hear the challenge and allowed the Pennsylvania Supreme Court's maps to remain in place. In October 2019, a three-judge panel in
North Carolina threw out a gerrymandered electoral map with its decision in the case of
Harper v. Hall, citing violation of the constitution to disadvantage the Democratic Party. The
North Carolina Supreme Court affirmed this decision in February 2022, in a 4-3 party-line vote. This decision was overturned in April 2023 by a new ruling in the same case, after the state supreme court shifted from Democratic to Republican control. A federal case over the same maps was heard as
Moore v. Harper, under the
independent state legislature theory. The court rejected the theory. On December 22, 2023, the
Wisconsin Supreme Court decided
Clarke v. Wisconsin Elections Commission, holding that Wisconsin's state legislative districts violated the
Constitution of Wisconsin. Writing for an ideologically divided Court, Justice
Jill Karofsky enjoined the use of Wisconsin's legislative maps for further elections and ordered new maps to be drawn ahead of the
2024 United States elections. ==Bipartisan gerrymandering==