How that new reality will play out will vary from state to state. “If the allegation is that the map is a partisan gerrymander, then that depends on whether the state law prohibits that in either statutes or constitution,” Gaber says. “In federal court, if you’re bringing a Voting Rights Act claim now…you’d have to show extra steps that you didn’t used to have to…so that’s a taller task.”
Redistricting fights have been intensifying nationwide since Texas’ unprecedented mid-decade redistricting ruling, yet the process behind drawing congressional maps, and who controls it, remains largely opaque. Experts say A.I. is likely already involved, and that role is likely to expand as more states rush to redraw their maps.
In late April, two days after Florida Governor Ron DeSantis gave the state legislature a newly drawn congressional map intended to give Republicans four additional seats, the legislature voted to adopt it without knowing who exactly was involved in drawing it. When pressed by lawmakers from both parties, DeSantis’ senior official refused to provide more clarity about the map-drawing process.