By Julia Guerrein, Editor-in-Chief

Last week Pennsylvania’s highest court ruled the Congressional map violated the State Constitution and favored Republicans. The map was drawn in 2011 after the 2010 census. According to the New York Times, PA’s districts were drawn using map making software that analyzes voting patterns in order to favor one party. Although it is Republicans who were favored in some states, including PA, Michigan, Ohio, North Carolina, Florida and Texas, other states, such as Maryland and Illinois, were drawn to favor Democrats.

​

The General Assembly was given less than three weeks to redraw the districts, in time for the primary election in May. Ideally, an independent or bipartisan commission would create the new map. If the state legislature cannot meet the requirements set by the court within the time frame, the court will issue its own map. The U.S. Constitution requires that each district has about the same population, but different states have varying requirements for how close the populations have to be, such as no more than a five percent difference in Colorado. The Voting Rights Act of 1965 was designed to reduce discrimination in voting, including in how districts are drawn. This was upheld in the 1993 U.S. Supreme Court case Shaw v. Reno.

​

PA is known for having oddly drawn districts. Erie County is split between Republican Rep. Mike Kelly and Republican Rep. Glenn Thompson. This divide puts the city of Erie and the western part of the county in Kelly’s district, while the eastern part of the county is under Thompson. Districts surrounding Philadelphia are especially known for being oddly shaped, including a district that resembles one of Goofy’s fingers.

​

Although the map was drawn in 2011, it was only officially deemed unconstitutional in 2018. The gerrymandering of PA’s districts was previously brought to the U.S. Supreme Court and failed, but this time it was challenged as a violation of the state constitution. The makeup of the state legislature may have also influenced the recent decision.

​

“In addition, the Pennsylvania Supreme Court is now majority Democrats, so there was likely more sympathy to the idea of a Republican-dominated legislature unfairly contorting district boundaries to maximize advantages for its party,” said Robert Speel, P.h.D., associate professor of political science.

​

Currently, both the U.S. Senate and U.S. House of Representatives are majority Republican. The redrawing of districts before the 2018 midterm elections could have a major effect on who is elected, and therefore which party is dominant.

​

“If Pennsylvania’s congressional districts are redrawn this year, that will likely lead to an increase in Democrats from Pennsylvania’s delegation in Washington,” explained Speel. “If enough new Democrats are elected, it is possible that Pennsylvania’s new districts could affect majority control in the U.S. House of Representatives next year.”

​

Since the announcement of the redrawing, state Republican leaders asked the U.S. Supreme Court to block the PA Supreme Court’s order. The argument is that the PA Supreme Court does not have the authority to order the redrawing of the districts. According to the Philadelphia Inquirer, experts have deemed this a long shot.

​

“In short, the question in this case is whether the Pennsylvania Supreme Court is the Pennsylvania ‘Legislature’ under the federal Constitution, and the answer to that question is a resounding no,” wrote lawyers for Senate President Pro Tempore Joe Scarnati (R., Jefferson) and House Speaker Mike Turzai (R., Allegheny) in the petition to Justice Samuel A. Alito Jr., according to the Philadelphia Inquirer.

​

The decision from the PA Supreme Court also influences how other states will proceed. The U.S. Supreme Court has already heard a gerrymandering case this term from Wisconsin and are set to hear another one from Maryland. The New York Times recently featured Katie Fahey, a 28-year-old from Michigan, who, with the help of other passionate citizens, created the organization Voters Not Politicians to challenge how the districts are drawn in her state.

​

“I think we will likely see voters and groups in certain other states follow the same strategy of claiming that gerrymanders violate state constitutions in states with similar constitutional clauses to those in Pennsylvania,” said Speel.

​

Gerrymandering has shown to have an impact on voter turnout. If voters think that a district is going to go towards a certain party, they may not vote because they believe their vote doesn’t matter. Restrictive voting laws and understaffed voting places also negatively impact voter turnout.

​

With changes to how the districts are drawn, PA could see a change in federal representation. Increased accountability to those making the new map may help create a fairer democracy.