The House of Representatives Is Turning Into the Electoral College

Sign up for Inside the Trump Presidency, a newsletter featuring coverage of the second Trump term. The very short list of constraints on partisan gerrymandering has gotten even shorter. Until last week, the Supreme Court had interpreted Section 2 of the Voting Rights Act to require states to draw some majority-minority districts. But in Louisiana v. Callais, it overturned that requirement and held that the VRA prohibits gerrymandering only if it’s done with the explicit goal of racial discrimination. If the intent behind disenfranchising minority voters appears to be merely partisan, the gerrymander is now legal. The ruling will allow Republican state legislatures in the South to erase most if not all of the region’s few blue House districts without fear of being blocked in court. And so the gerrymandering wars, already awful, are poised to get even worse. Democrats will respond to the Republican response to Callais; Republicans will respond to the response to the response; voters will lose in the process. In a few years, almost every seat in the House of Representatives could be safely occupied by a hyper-partisan incumbent, beholden only to primary voters. The chamber could become something like the Electoral College: Whoever wins a state gets all of its representatives, and the winners are there just to vote for or against the president. Because of the timing of the ruling, the effects are likely to be modest for the upcoming midterms. On Thursday, Louisiana suspended its primary election to give the state time to redraw the map. The legislature might eliminate just the one seat at issue in Callais, or it could try to eliminate both of the state’s majority-Black, Democratic-leaning districts. A few more seats could be in play elsewhere in the South. On Friday, after saying two days earlier that she would not do so, Alabama Governor Kay Ivey announced that she would call a special legislative session to redraw the state’s maps. Donald Trump has claimed that he has the Tennessee governor’s promise to do likewise. In other deep-red states, key deadlines have already passed, making last-minute map-drawing difficult or impossible. The implications for 2028 and onward are more dramatic. Trump’s successful push to get Republican states to do off-cycle redistricting this year already blew past one long-standing impediment to gerrymandering maximalism. The removal of the VRA will make the arms race even more cutthroat. “It’s gonna be awful,” Sean Trende, a prominent districting expert, told me. Kyle Kondik, an elections analyst at the Center for Politics at the University of Virginia, compared the situation to “an all-you-can-eat buffet.” Republicans could draw Democrats completely out of the delegations of Mississippi, Alabama, South Carolina, and Tennessee, and take another district or two in Georgia. Presumably, Democrats would feel the need to respond. In some blue states, including New York, New Jersey, Colorado, and Washington, voters and legislators would have to decide to scrap nonpartisan redistricting commissions in order to join the gerrymandering free-for-all. In others, such as Oregon and Maryland, that wouldn’t be necessary. “I’d take 52 seats from California and 17 seats from Illinois,” Representative Terri Sewell, a Black Democrat who represents a sure-to-be-torn-up district in Alabama, said at a press conference after the Callais decision came down. By that, she meant all 52 and all 17. Could California, a state with more registered Republicans than any other, really send zero Republican representatives to Congress? It’s mathematically conceivable. Likewise, Illinois could theoretically engineer a blue-wash. The key is to draw districts that start in big cities and stretch all the way across the state, so that urban Democratic voters outweigh rural Republicans in every district. These maps are sometimes called “baconmanders,” because the districts resemble thin, curvy strips. [David A. Graham: How the Supreme Court came to accept a practice it called unjust] Democratic hardball would probably inspire Republicans outside the South to get even more ambitious. Their job would be easier, because red states tend not to have redistricting commissions. Opportunities abound in Kansas, Nebraska, Missouri, and Kentucky. Even Ohio and Texas could probably find a few more blue seats to eliminate. Figuring out which party benefits more from this mass disenfranchisement is extremely difficult, because so many variables—including referenda, legislator preferences, and state-court legal challenges—go into determining what happens in each state. “I just feel like you’d really just be guessing,” Kondik told me. Zachary Donnini, the head of data science at VoteHub, was willing to game it out. He tentatively predicted that states would stop just short of the absolute maximum level of gerrymandering, winding up with 206 safe Republican seats and 203 safe Democratic seats. Because there are 435 total seats in the House of Representatives, this would leave the whole country with only 26 competitive districts. One factor that could stop legislators from enacting the most ruthless possible gerrymander—which even the Supreme Court cannot overturn—is a bias in favor of preserving incumbents’ districts. Creating a new Democratic (or Republican) district generally requires taking some territory away from another district that votes so overwhelmingly Democratic (or Republican) that it has votes to spare. But a congressman who usually wins by 20 does not want to see his advantage suddenly cut to five points—that means more pressure to campaign, fundraise, and worry about what voters think. A similar fear is that of the infelicitously named “dummymander,” in which one party tries to create so many seats for itself that it winds up spreading its support too thin. In North Carolina, for example, Republicans entirely control the map-drawing process, but both parties are competitive statewide. The state legislature could draw 14 districts that all slightly broke for Trump in 2024, but that could mean losing all 14 if the state shifts a few points to the left. (A final factor limiting gerrymandering is shame on the part of state legislators. But this is in steadily dwindling supply.) Whichever party ultimately gains more seats from the gerrymandering wars, the loser is clear: American democracy. In a maximum-gerrymandering scenario, more than 400 seats in the House could be safe and essentially uncontestable, delivering to voters year after year an unresponsive and unimpeachable class of lazy representatives with little incentive to represent them. At a high-enough level of abstraction, the way out is simple: Congress could enact a federal law prohibiting partisan gerrymandering. The details are not quite as straightforward. One major impediment is, simply, that Republicans have never expressed much interest in ending gerrymandering. As each state gerrymanders, moreover, it sends ever more partisan representatives to the House—the exact representatives least likely to mutually disarm and end the practice that brought them there. And no single reform is without its flaws. The Democrats’ 2021 voting-reform package, which all but one House Democrat voted for before it died in the Senate, mandated independent commissions in every state. But those commissions can deadlock or produce maps that are still unfair in some way, sometimes requiring the courts to intervene. Academics tend to prefer more creative solutions—such as having one party draw a map with twice as many districts as necessary and then letting the other party choose how to combine them, or switching entirely to a system of proportional representation with multimember districts—but academics are not in charge. If Republicans were to finally join the fight against gerrymandering, they’d likely have their own ideas for how to fix it. None of these approaches would be perfect. All would be preferable to the status quo,…