Ep. 212: What Is Gerrymandering‪?‬ Constitutional Chats Presented By Constituting America

The Constitution dictates every 10 years we undergo a Census to count how many people live in each state.  Based off these population numbers, congressional seats are then apportioned.  States who lost population might lose a seat and states who grew may gain a seat or two since we can only have 435 total seats in the U.S. House.  This brings up an obvious question: who gets to redraw congressional districts after apportionment and can they redraw those districts for a political benefit?  This is where gerrymandering comes into play.  According to our guest expert, “gerrymandering” is drawing districts that are perceived to be unfair in their representation.  To further complicate the issue, the Voting Rights Act of 1965 placed restrictions on how these districts are redrawn and subsequent Supreme Court decisions have further altered this process.  The current Supreme Court case Alexander v. South Carolina State Conference of the NAACP has the potential to challenge again how districts are redrawn. It’s a complicated issue but we are grateful to have as our guest Mark Braden, an attorney with BakerHostetler who specializes in election law and voting issues to help us navigate this issue.