To Repair Our Democracy, First Finish Gerrymandering


I’ve identified Brian Frosh for a few years, lengthy earlier than he grew to become Maryland’s legal professional basic. He’s good, sort and humble, and though we don’t share each political opinion or belong to the identical political celebration, I’ve financially supported a number of of his campaigns. I now worry that, as a consequence of his function in Maryland’s gerrymandering case to be heard by the Supreme Court docket, my buddy Brian could go down within the historical past books as a villain.

Individuals are deeply annoyed and disenfranchised by our present political system. In line with a latest Pew Ballot, six out of 10 Individuals imagine that we’d like sweeping modifications in our authorities, whereas American religion in our authorities stays at historic lows. Gerrymandering, the pervasive apply of drawing congressional districts for political functions, owns a substantial amount of duty for the dysfunction of our authorities and the lack of belief amongst Individuals of their authorities.

In Maryland, for instance, congressional districts have been drawn to blatantly profit the Democratic Social gathering, and have resulted in rather more excessive illustration. If our state’s eight Home seats had been divided proportionally – that’s to say, in the event that they represented the complete spectrum of Maryland voters — our congressional delegation would include: one far-left Democrat, 4 reasonable Democrats, one impartial, two reasonable Republicans, and one far-right Republican. As an alternative, after the districts had been redrawn below Democratic Gov. Martin O’Malley, who admitted doing so to most successfully elect celebration members, the state is represented by six far-left Democrats, one reasonable Democrat, and one far-right Republican. In different phrases, as an alternative of the 5 seats they need to maintain, Democrats management seven. Worse but, as an alternative of six moderates and two extremists, we’ve one reasonable and 7 extremists. Comparable dynamics exist in most states, with predictable outcomes: toxic partisanship on Capitol Hill. 

How does this occur? It begins with Congressional District 1, which was drawn by Democrats to place as many Republican voters as potential into one jurisdiction, ensuing within the election of Andy Harris, an arch-conservative member of the Freedom Caucus. Six of the opposite seven districts had been drawn to be safely Democrat, which implies that essentially the most liberal Democrat often wins the first and coasts by means of the overall election. The one considerably contested district is the sixth.

As we speak, the struggle to finish gerrymandering is transferring to the forefront of the nationwide debate about the right way to save our democracy. Final week, the U.S. Supreme Court docket introduced that it might take up instances on the gerrymandered congressional districts in Maryland in addition to in North Carolina, which collectively could result in consequential selections on the constitutionality of gerrymandering.  In Maryland, Brian Frosh is interesting the decision of federal judges who decided that the present congressional map was improperly drawn by the Democrats in 2010 with the intent to interrupt up a Republican-leaning seat.

Whereas the state legal professional fights to take care of the established order, 71 % of Individuals wish to finish gerrymandering. Organizations equivalent to FairVote and Characterize.Us have constructed enthusiastic networks of political reformers keen to alter the system for the higher. Apparently, as a result of Frosh feels that Republicans are responsible of skewing elections in locations like Texas and Wisconsin, he believes he should do the identical in Maryland to serve his celebration’s pursuits. Whereas he’s right that Republicans do the identical factor elsewhere, he ought to select to struggle gerrymandering nationally moderately than to protect partisan benefit in Maryland.

With the Supreme Court docket making ready to listen to arguments, Frosh ought to as an alternative suggest requirements for a way elected officers in control of redrawing congressional districts should carry out their duties. The courtroom ought to strike down redistricting achieved for partisan benefit, together with upholding the ruling in Maryland, and may recommend impartial commissions or pc algorithms to attract districts. If the Supreme Court docket chooses to not set such a regular, Congress ought to use the legislative course of to reform our elections. Beneath the Structure’s Elections Clause, Congress has the authority to set guidelines on redistricting, such because the CLEAN Act in 2017, which required states use of an impartial, nonpartisan fee when redrawing districts.  Whether or not by a courtroom ruling or by legislative motion, the elimination of gerrymandering can be a victory for our nation — not for anybody political celebration — and would have a profound impression within the struggle to repair our democracy.

Neal Simon is a enterprise govt and neighborhood chief who ran as an impartial to symbolize Maryland within the U.S. Senate. You may observe him on Twitter @Nealjsimon