Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note argues that automatic state supreme court review of the reapportionment plans provides a fairer and more efficient ratification mechanism that can greatly influence the effectiveness of redistricting commissions in combating partisan gerrymandering.
Ratification of Reapportionment Plans Drawn by Redistricting Commissions,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol40/iss3/6