The definition of partisan symmetry as a standard for fairness in redistricting; methods and software for measuring partisan bias and electoral responsiveness; discussion of U.S. Supreme Court rulings about this work. Evidence that U.S. redistricting reduces bias and increases responsiveness, and that the electoral college is fair; applications to legislatures, primaries, and multiparty systems.
The U.S. Supreme Court responds favorably to the nonpartisan Amici Curae Brief on partisan gerrymandering filed by Gary King, Bernard Grofman, Andrew Gelman, and Jonathan Katz (see brief) and requests additional information. This information is provided in the context of a brief history of the scholarly literature, a summary of the state of the art in conceptualization and measurement of partisan symmetry, and the state of current jurisprudence, in: . 2008. The Future of Partisan Symmetry as a Judicial Test for Partisan Gerrymandering after LULAC v. Perry, Election Law Journal 6, no. 1: 2-35.Abstract
While the Supreme Court in Bandemer v. Davis found partisan gerrymandering to be justiciable, no challenged redistricting plan in the subsequent 20 years has been held unconstitutional on partisan grounds. Then, in Vieth v. Jubilerer, five justices concluded that some standard might be adopted in a future case, if a manageable rule could be found. When gerrymandering next came before the Court, in LULAC v. Perry, we along with our colleagues filed an Amicus Brief (King et al., 2005), proposing the test be based in part on the partisan symmetry standard. Although the issue was not resolved, our proposal was discussed and positively evaluated in three of the opinions, including the plurality judgment, and for the first time for any proposal the Court gave a clear indication that a future legal test for partisan gerrymandering will likely include partisan symmetry. A majority of Justices now appear to endorse the view that the measurement of partisan symmetry may be used in partisan gerrymandering claims as “a helpful (though certainly not talismanic) tool” (Justice Stevens, joined by Justice Breyer), provided one recognizes that “asymmetry alone is not a reliable measure of unconstitutional partisanship” and possibly that the standard would be applied only after at least one election has been held under the redistricting plan at issue (Justice Kennedy, joined by Justices Souter and Ginsburg). We use this essay to respond to the request of Justices Souter and Ginsburg that “further attention … be devoted to the administrability of such a criterion at all levels of redistricting and its review.” Building on our previous scholarly work, our Amicus Brief, the observations of these five Justices, and a supporting consensus in the academic literature, we offer here a social science perspective on the conceptualization and measurement of partisan gerrymandering and the development of relevant legal rules based on what is effectively the Supreme Court’s open invitation to lower courts to revisit these issues in the light of LULAC v. Perry.