Why can partisan gerrymandering claims not be decided by federal courts under Rucho v. Common Cause?
In Rucho v. Common Cause (2019), the U.S. Supreme Court ruled that claims of partisan gerrymandering are nonjusticiable, meaning they present political questions that are beyond the reach of federal courts.123
The Court reached this conclusion because it determined that there are no "judicially discernible and manageable standards" available to adjudicate such claims. While previous cases, such as Davis v. Bandemer (1986), had explored the possibility of finding such standards under the equal protection clause, the majority in Rucho ultimately rejected the feasibility of identifying objective criteria to resolve these disputes.142
By classifying these challenges as political questions, the Court affirmed the principle that issues regarding the fairness of electoral district boundaries are more appropriately addressed by the legislative or executive branches of government rather than the judiciary. Consequently, this ruling established that federal courts lack the authority to intervene in partisan redistricting, leaving such matters to be challenged, if at all, under state laws or state constitutions.1526