In a challenge to Kentucky's state legislative and congressional redistricting maps, the State Democracy Research Initiative filed an amicus brief on behalf of Professor Joshua A. Douglas arguing that partisan gerrymandering violates the Kentucky Constitution's Free and Equal Elections Clause. In 2023, the Kentucky Supreme Court held that, although partisan gerrymandering claims are justiciable under the state constitution, neither of the challenged maps rose to the level of an impermissible partisan gerrymander.
On July 11, the State Democracy Research Initiative submitted an amicus brief on behalf of Professor Joshua A. Douglas of the University of Kentucky Rosenberg College of Law in a redistricting lawsuit before the Kentucky Supreme Court, Graham v. Adams.
The case considers whether the Kentucky Constitution prohibits partisan gerrymandering of state legislative and congressional districts. A lower court previously found that the Kentucky General Assembly enacted partisan gerrymanders for the state’s legislative and congressional districts during the most recent redistricting cycle but concluded that the Kentucky Constitution does not prohibit partisan gerrymandering.
The amicus brief argues that the Kentucky Constitution’s guarantee that “[a]ll elections shall be free and equal” prohibits extreme partisan gerrymandering. The brief discusses the state constitution’s underlying structural principles, the historical context of Kentucky’s Free and Equal Elections Clause, the Kentucky Supreme Court’s prior decisions interpreting the Clause, and other states that have interpreted similar constitutional provisions in related contexts.
On December 14, 2023, the Kentucky Supreme Court held that partisan gerrymanders that are "so severe as to threaten [the] Commonwealth’s democratic form of government" are unconstitutional. However, some deviation constitutional limits on gerrymandering may be tolerated and the court held that the challenged maps fell within those bounds.