Gerrymandering Is Not Illegal, Unless It Violates Law, Involving The Courts Is An Unprecedented Intervention In The American Political Process

by S.E. Gunn, PhD, All News Pipeline:

In my August 4, 2025 ANP Article I discussed Elbridge Gerry (1744-1814). Elbridge was Governor of Massachusetts from 1810-1812. His administration was known for creating partisan electoral districts. At one point, a political cartoon labeled this process “The Gerry-mander” and included the following political cartoon (click the image to enlarge it) illustrating how gerrymandering worked back then:

TRUTH LIVES on at https://sgtreport.tv/

 

States now reapportion their electoral districts every 10 years to reflect the change in their population based on the census. The idea is to make the number of voters included in each created district equal. So if you have 10 districts and 1,000 people, each district would ideally have 100 people in it. The problem is legislators within each State want to ‘favor’ their own party when reapportioning or creating new districts. When this happens, it is called “gerrymandering” by the other party.

But gerrymandering is not illegal. In a June 27, 2019 SCOTUS 6:3 decision, SCOTUS found there is no constitutional procedure for creating districts, so states can create their districts however they decide. But, when the process to create districts violates the Equal Protection Clause 478 US 109, 116-117 (1986) it can and should be litigated. Yet, SCOTUS cautions States about involving the courts in the gerrymandering process, as that would create an unprecedented intervention in the American political process. Apparently, this gave States the idea that ‘anything goes’ when redistricting.

Congressional districts are ‘awarded’ based on the number of US Citizens living in a particular state. However, the 2020 census did not have the ‘citizenship’ question on it. The previous administration removed the question about citizenship and the deep state actors told President Trump in 2019 that it was too late to add the citizenship question back onto the census in time for the 2020 census.

Anyone researching genealogy knows that the different censuses asked different questions; however, one question that was consistently asked until the 2020 census was about citizenship, specifically asking when was the person naturalized, in addition to asking where all members of the household were born as well as where the parents of the adults in the household were born. Even the 1950 census (the “newest” census available to researchers due to privacy concerns) the question of where were you born is asked followed by asking if the person is naturalized. The 1950 census did not ask where the parents of the adults in the household were born. The 1960 census will not be available for review by researchers until 2032.

That means that the 2020 census numbers reported for each state reflected the sheer number of people residing in the state rather than the number of US Citizens that were living in each state. And some of the states went wild redistricting their state Congressional districts based on that sheer number of people rather than on the number of citizens.

To add insult to injury, with the installation of autopen into the White House, and the subsequent DEI & Woke EOs that administration put out, some States decided that they should gerrymander the district map to reflect districts that would represent their constituency based on race, against the advice of SCOTUS when they reminded litigants that the Equal Protection Clause applied to gerrymandering. One state that ignored that advice and wound up in the court system was Louisiana.

On January 15, 2024, the Louisiana legislature passed, and their Governor signed on January 22, 2024, SB8, which provided for redistricting of the State based on race. This created 6 bizarre shapes for these districts (wikipedia provides historical district maps for Louisiana from 1973 to 2025):

Read More @ AllNewsPipeline.com