Analysis of Supreme Court Ruling

League of United Latin American Citizens (LULAC) v. Perry was a consolidation of four appeals before the U.S. Supreme Court. Constitutionality of Partisan Gerrymandering

While not ruling out the possibility of a claim of unconstitutional partisan gerrymandering being within the scope of judicial review, the Court in LULAC v. Perry was unable to find a sufficient standard for making such a determination. Accordingly, the Supreme Court ruled that District 23 violated Section 2 of the Voting Rights Act because it diluted the voting power of Latinos. Selected Legislation in the 111th Congress

In the 111 th Congress, H.R. 3025 , the "Fairness and Independence in Redistricting Act of 2009," (Representative Tanner) and S. 1332 , the "Fairness and Independence in Redistricting Act of 2009," (Senator Johnson) are pending. These bills would, among other things, prohibit states from carrying out more than one congressional redistricting after a decennial census and apportionment, unless a court required the state to conduct subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act; require states to conduct redistricting through the use of independent commissions; and impose standards of compactness, contiguity, and geographical continuity.
In a splintered, complex decision, the U.S. Supreme Court in League of United Latin American Citizens (LULAC) v. Perry largely upheld a Texas congressional redistricting plan that was drawn mid-decade against claims of unconstitutional partisan gerrymandering. The Court invalidated one Texas congressional district, District 23, finding that it diluted the voting power of Latinos in violation of Section 2 of the Voting Rights Act. While not ruling out the possibility of a claim of partisan gerrymandering being within the scope of judicial review, a majority of the Court in this case was unable to find a "reliable" standard for making such a determination.
In the 111 th Congress, H.R. 3025 , the "Fairness and Independence in Redistricting Act of 2009," (Representative Tanner) and S. 1332 , the "Fairness and Independence in Redistricting Act of 2009," (Senator Johnson) are pending. These bills would, among other things, prohibit states from carrying out more than one congressional redistricting after a decennial census and apportionment, unless a court required the state to conduct subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act; require states to conduct redistricting through the use of independent commissions; and impose standards of compactness, contiguity, and geographical continuity.