Gerrymandering: Texas reopens old political war over congressional redistricting

Texas has fired the opening shot in a renewed battle in the long-running partisan war over congressional redistricting. The departure of Democratic state lawmakers from the Lone Star State—aimed at preventing the conservative supermajorities in the legislature from advancing a redistricting plan that would entrench Republican dominance—has triggered a major political upheaval. The move sparked calls to recall the dissenting legislators and prompted governors from both parties—particularly Democrats—to consider employing similar tactics in their own states.

In truth, this is a conflict nearly as old as the nation itself. The term gerrymandering—used to describe the manipulation of electoral district boundaries to benefit a particular political party—originated in 1812. That year, Massachusetts Governor Elbridge Gerry approved a redistricting plan that favored his Democratic-Republican Party. One of the resulting districts was so contorted that it resembled a salamander, prompting a local newspaper to publish a cartoon labeling it the “Gerry-mander.”

Elbridge Gerry and a salamander-shaped district, origin of the term

The term caught on and came to describe the practice of redrawing electoral district maps for political gain. Interestingly, Gerry lost the gubernatorial race that year, though he went on to become vice president under James Madison later in 1812.

States typically redraw electoral maps every 10 years to reflect changes in population revealed by the latest Census or in response to court rulings addressing violations of voters’ rights or constitutional requirements.

However, as Doug Spencer, holder of the Rothgerber Jr. Chair in Constitutional Law at the University of Colorado, told the AP, "redistricting laws only say to redistrict after each census." This has allowed "some state legislatures to get a little bit sly and say, 'Well, it doesn't say we can't do it anymore'."

Who is in charge of redrawing the new maps?

Control over redistricting varies by state. In most cases, including Texas, the state legislature is responsible for redrawing the maps, following a straightforward interpretation of the Constitution.

To combat gerrymandering, some states have established independent or bipartisan commissions—often made up of citizens—to oversee the redistricting process.

How does gerrymandering work?

The easiest way to redraw districts to benefit one party is for that party to control the legislature—whether bicameral or unicameral, as in Nebraska—and the governor’s office. Alternatively, a party with a legislative supermajority can override a gubernatorial veto to push through its redistricting plans.

One common tactic in partisan redistricting is to concentrate opposing party voters into a few districts—a strategy known as “packing”—which allows the majority party to win more seats by securing victories in the remaining districts.

The other common strategy is the opposite: diluting the opposing party’s voters across many districts—known as “cracking”—making it nearly impossible for them to gain a majority in any single district.

Race, key in the drawing of electoral districts

Race has become an increasingly significant factor in redistricting. In many cases, politicians attempt to draw districts where racial minorities make up at least half the population. Notably, the judiciary has primarily intervened in gerrymandering cases when race is a central factor, setting important legal limits on such practices.

In 2023, the Supreme Court ruled that congressional districts drawn by Alabama’s Republican-controlled legislature likely violated the Voting Rights Act by diluting the voting power of Black residents.

Gerrymandering on the Supreme Court

Currently, the Supreme Court has agreed to review a case challenging whether Louisiana’s redistricting—which created two majority-Black congressional districts out of the state’s six House seats—is constitutional.

Specifically, the Supreme Court justices requested information on whether “the intentional creation of a second minority-minority congressional district violates either the Fourteenth or Fifteenth Amendments to the U.S. Constitution.” This ruling is expected to be pivotal for the future, especially as Hispanics gain increasing electoral influence due to their rapid demographic growth.

The question many ask is: Is gerrymandering legal? According to the Constitution, the answer is yes. In fact, in a 2019 ruling involving a North Carolina case, the Supreme Court decided that federal courts do not have the authority to determine when partisan gerrymandering crosses the line. Chief Justice John Roberts wrote, “The Constitution provides no objective standard for assessing whether a district map treats a political party fairly.”

Bipartisan battle over redrawing the maps for the 2026 midterms

So why has the Texas Republicans’ redistricting effort, backed by Donald Trump, triggered such a political earthquake—culminating in the flight of Democratic lawmakers from the state? Governor Greg Abbott and the Texas GOP aim to secure five additional seats for Republicans ahead of the 2026 midterm elections.

New York Governor Kathy Hochul, a Democrat, has called the move a declaration of “partisan war” and threatened to closely review her state’s own maps if Texas successfully pushes through its redistricting plan: "If other states are violating the rules, I'm going to look at it closely."

California Governor Gavin Newsom had also threatened to hold a special election — despite the state’s bipartisan commission overseeing redistricting — to redraw districts in a way that could help the Democratic Party gain five new seats and counter potential conservative gains.

On Friday, he turned that threat into action: Californians will decide in the first week of November whether the state will redraw its electoral maps. "We'll pick up five seats with the consent of the people — and that is the difference between the approach we are taking and the approach they are taking," he said.

Meanwhile, Illinois Governor J.B. Pritzker, who has provided refuge and ensured the safety of Texas Democratic lawmakers who fled to his state, is reportedly considering similar measures.

Here's VOZ is covering the Texas redistricting battle