Tag: Gerrymandering

The Horses Are Coming

Posted on by Michael Liss

by Michael Liss

[T]he most important political office is that of the private citizen. —Justice Louis Brandeis

Four Horsemen of the Apocalypse, by Viktor Vasnetsov, 1887.

We are losing that essential bit of democracy. Bit by bit, not all at once, not linearly, but the decline is there. Fading is Alexis de Tocqueville’s young country of joiners of civic associations, maintaining their differences, but working together for a common good. The new reality is a more atomized society that may share more grievances, but fewer communitarian urges. 

We would be foolish and lazy to ascribe this all to Trump. Yes, he is a talented accelerant, but the fuel was there well before 2016. The reality is that the importance of the ordinary private citizen has been shrinking. Those charged with protecting the freedoms that are essential to a productive civil life have often been either dismissive or actively hostile to them. Couple this malign neglect with the rise of a new Gilded Age cohort that can buy anything—influence, access, and platforms to amplify its views, and the public squares have suddenly become a lot less appealing.  

How did this all come about? Let’s start with the lawyers (no Shakespeare joke please). The lawyers have let us down, and more than once.

They rode in on their horses, came for our votes and took them. Shelby County v. Holder (2013) and Rucho v. Common Cause (2019).

Let us not mince words: Shelby and Rucho are, with their progeny, among the most corrosive, most destructive Supreme Court decisions handed down in the past century. They diminish what should be fundamental rights of American citizens—the right to vote to select the candidates of their choice without molestation or excessive obstruction, the right to have their votes counted, and the right to be fairly represented in the corridors of power.

The Shelby line of cases puts to death critical sections of the Voting Rights Act, plowing the field for all types of discriminatory behavior. Read more »

Tuesday, March 24, 2026

How Reform Fails

Posted on by Jerry Cayford

by Jerry Cayford

Hugo Sundström, CC BY 4.0, via Wikimedia Commons

“Failure is the foundation of success, and the means by which it is achieved,” says the Tao Te Ching. The current competition between our two parties to gerrymander the country—Texas, California, Virginia, Florida—is a stunning failure for democracy reform efforts. Gerrymandering transfers power from the people to the parties, and Americans hate it. By the time this year’s mid-term elections are over, huge numbers of us will have representatives who, we feel, don’t represent us and won unfairly. Many of us will live in states without a single official in Congress from our own party. Nevertheless, we all support this district grab, because we can’t let the other party seize power by gerrymandering more districts than we do. Where are the means to success in failure this big?

Spilt Milk

No one is feeling more defeated than the good-government activists who have worked so long to end gerrymandering and make our elections more fair. The need to respond to extreme gerrymanders has forced them to support the torching of their own work. They are “backpedaling furiously,” as one such activist bluntly puts it: “Decades of reformer work is going up in smoke.” Renewing forward movement will require understanding what happened. Alarmingly, there are signs that the reform community will learn nothing, that it will interpret this defeat as an aberration rather than a refutation of its past work and will return stubbornly to its failed strategy. A different response to failure, though, could build a foundation for success.

What the reform community appears to be overlooking is the golden opportunity this ugly war to gerrymander everything actually presents. It is the opportunity not only to formulate a better strategy, but also to use the power of public anger to solve the problem of creating fair districts once and for all. Redistricting has been mostly a wonkish, back-burner issue, briefly irritating to the public from time to time, but never before commanding the intensity of concern it does now. Right now—with huge amounts of money, political power, and public outrage all focused on gerrymandering—now is when reform can succeed. Read more »

Monday, April 15, 2024

Review: Breaking the Two-Party Doom Loop

Posted on by Jerry Cayford

by Jerry Cayford

It’s a book about how our political system fell into this downward spiral—a doom loop of toxic politics. It’s a story that requires thinking big—about the nature of political conflict, about broad changes in American society over many decades, and, most of all, about the failures of our political institutions. (2)

Where to begin fixing our dysfunctional society is about as contentious a question as there is. Lee Drutman’s 2020 book Breaking the Two-Party Doom Loop: The Case for Multiparty Democracy in America confronts it head-on. Chapter 1, “What the Framers Got Right and What They Got Wrong,” goes straight to the heart of the matter: what the Founding Fathers got wrong is political parties. They understood the threat of tyranny that parties (“factions”) posed, but they misunderstood the benefits and inevitability of parties. They structured our government to discourage parties, instead of to accommodate them. As Drutman explains, those structural weaknesses have finally caught up with us in today’s toxic partisanship.

Like the Founders, Drutman gets important things right and wrong. He says, “At its core, my argument can be distilled into two words: institutions matter” (4). Political parties are the institutions he defends and criticizes. What we need parties to provide are substantive choices, not coercive conformity or destabilizing toxicity. This focus on parties is one of the many, many things Drutman gets right in his well-written, informative, and important book. When he turns from diagnosis to solution, though, he gets one big thing wrong. Read more »

Monday, November 27, 2023

Gerrymander Unbound

Posted on by Jerry Cayford

by Jerry Cayford

Avi Lev, CC BY-SA 4.0, via Wikimedia Commons

A friend of mine covers his Facebook tracks. He follows groups from across the political spectrum so that no one can pigeonhole him. He has friends and former colleagues who, he figures, will be among the armed groups going door to door purging enemies, if our society breaks into civil anarchy. He hides his tracks so no one will know he is the enemy.

That trick might work for the humans, but artificial intelligences (AI) will laugh at such puny human deceptions (if artificial intelligence can laugh). When AI knows every click you make, every page you visit, when you scroll fast or slow or pause, everything you buy, everything you read, everyone you call, and data and patterns on millions like you, well, it will certainly know whom you are likely to vote for, the probability that you will vote at all, and even the degree of certainty of its predictions.

All of that means that AI will soon be every gerrymanderer’s dream.

AI will know not just the party registrations in a precinct but how every individual in a proposed district will (probably) vote. This will allow a level of precision gerrymandering never seen before. There is only one glitch, one defect: with people living all jumbled up together, any map, no matter how complex and salamander-looking, will include some unwanted voters and miss some wanted ones. To get the most lopsided election result possible from a given group of voters—the maximally efficient, maximally unfair outcome—the gerrymanderer has to escape the inconvenience of people’s housing choices. And since relocating voters is not feasible, the solution is to free districts of the tyranny of voter location. The truly perfect gerrymander that AI is capable of producing would need to be a list, instead of a map: a list of exactly which voters the gerrymanderer wants in each district. But that isn’t possible. Is it? Read more »

Monday, July 22, 2019

SCOTUS Says No To Politics

Posted on by Michael Liss

by Michael Liss

The Supreme Court doesn’t play politics.

In what was destined to be an inevitable ruling, by an inevitable 5-4 vote, inevitably written by Chief Justice John Roberts, the Supreme Court decided, in Rucho v. Common Cause, that it couldn’t decide how much “partisan” gerrymandering was too much partisan gerrymandering. So it wouldn’t. Case closed.

Rucho is an extraordinary decision, with the potential, over the next 10 years, to change fundamentally the way we experience democracy. That may seem to be a radical statement, but it is absolutely true: Political parties now have a virtually free hand, once they obtain control over a state government, to redistrict as they see fit in order to retain that control. The Supreme Court is not completely out of the game—Roberts did acknowledge that they might still review gerrymandering based on race, or on “one-person, one-vote” grounds, but, by order of the Chief Justice, the Courts will be closed for a permanent federal holiday if the gerrymandering was done for the purpose of political gain.

This is an earthquake, which will, no doubt, lead to a further arms race between the parties. As Republicans control more states (Kyle Kondik, writing for Larry Sabato’s Crystal Ball, cites research indicating that Republicans control redistricting for 179 Congressional Districts, Democrats only 49), the advantage will be theirs. Many critics on the Left are suggesting that the conservative majority on the Court chose this path for precisely this reason. I prefer not to be cynical. Rather, I just want to point out the obvious: The real losers will be the center of the electorate; mainstream, moderate voters who find their concerns completely ignored because the more “safe seats” there are, the more influence primary voters (who tend to be far more doctrinaire) will have. This will inevitably lead to more radicalized government answerable to fewer and fewer people, and even more alienation. Read more »