The New Mexico Supreme Court has held “that a partisan gerrymander claim is justiciable” under the state constitution. Grisham v. Van Soelen, 539 P.3d 272, 289 (N.M. 2023). According to the court, a claim for …
2024 Partisan Gerrymandering Explainer
New Hampshire
The New Hampshire Supreme Court has held that partisan gerrymandering claims present nonjusticiable political questions, offering two reasons. First, “the New Hampshire Constitution contains a textually demonstrable commitment to redistrict to the legislature,” which means …
Nevada
The viability of partisan gerrymandering claims in Nevada is unclear. In 2022, citing Rucho, a trial court concluded that partisan gerrymandering claims present nonjusticiable political questions under the state constitution, reasoning that the Nevada Constitution, …
Missouri
The viability of partisan gerrymandering claims in Missouri is unclear, at least for challenges to legislative maps. In a 2012 challenge to the state’s congressional map, the Missouri Supreme Court, relying in part on pre-Rucho …
Michigan
The Michigan Constitution has a provision barring partisan gerrymandering, but it remains largely untested in the courts. In 2018, voters amended the Michigan Constitution to bar congressional and legislative maps that “provide a disproportionate advantage …
Maryland
The Maryland Constitution grants the state supreme court original jurisdiction over disputes regarding boundaries of state legislative districts, Md. Const. art. III, § 5, which the Maryland Supreme Court has interpreted to include claims for partisan …
Kentucky
The Kentucky Supreme Court has held that partisan gerrymandering claims are justiciable under the state constitution, observing that “partisanship may of course rise to an unconstitutional level.” Graham v. Sec’y of State Michael Adams, No. …
Kansas
The Kansas Supreme Court has held that partisan gerrymandering claims present nonjusticiable political questions under the state constitution. Adopting the reasoning of Rucho to reach this conclusion, the court observed that “neither the Kansas Constitution, …
Florida
In Florida, partisan gerrymandering claims are justiciable under the state constitution: the Florida Supreme Court has recognized (since before Rucho) that it “is charged with the solemn obligation to ensure . . . that the explicit constitutional mandate to …
Arkansas
The viability of partisan gerrymandering claims in Arkansas is unclear. In 2022, a trial court dismissed a partisan gerrymandering challenge to Arkansas’s new congressional map, reasoning that the Arkansas constitution requires the plaintiffs to have …