Redistricting in Nebraska after the 2020 census

Redistricting
State legislative and congressional redistricting after the 2020 census Select your state:AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingSubmit
General information
State-by-state redistricting procedures • Majority-minority districts • Gerrymandering
The 2020 cycle
United States census, 2020 • Congressional apportionment • Redistricting committees • Deadlines • 2022 House elections with multiple incumbents • New U.S.House districts created after apportionment • Congressional maps • State legislative maps • Lawsuits • Status of redistricting after the 2020 census
Redrawn maps
Redistricting before 2024 elections • Redistricting before 2026 elections
Ballotpedia's Election Administration Legislation Tracker

Redistricting is the process of enacting new district boundaries for elected offices, particularly for offices in the U.S. House of Representatives and state legislatures. This article chronicles the 2020 redistricting cycle in Nebraska.

On September 30, 2021, the Nebraska State Legislature approved a new congressional map, 35-11. Gov. Pete Ricketts signed the map into law shortly afterwards. This map took effect for Nebraska's 2022 congressional elections. Nebraska was the third state to enact congressional redistricting after the 2020 census.

On September 30, 2021, the Nebraska State Legislature approved a new state legislative map, 37-7. Gov. Pete Ricketts signed the map into law shortly afterwards. This map took effect for Nebraska's 2022 legislative elections.

Click here for more information.

Nebraska's three United States representatives and 49 state legislators are all elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census. Federal law stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

See the sections below for further information on the following topics:

1. Summary: This section provides summary information about the drafting and enacting processes.
2. Apportionment and release of census data: This section details the 2020 apportionment process, including data from the United States Census Bureau.
3. Drafting process: This section details the drafting process for new congressional and state legislative district maps.
4. Enactment: This section provides information about the enacted congressional and state legislative district maps.
5. Court challenges: This section details court challenges to the enacted congressional and state legislative district maps.
6. Background: This section summarizes federal and state-based requirements for redistricting at both the congressional and state legislative levels. A summary of the 2010 redistricting cycle in Nebraska is also provided.

Summary

This section lists major events in the post-2020 census redistricting cycle in reverse chronological order. Major events include the release of apportionment data, the release of census population data, the introduction of formal map proposals, the enactment of new maps, and noteworthy court challenges. Click the dates below for additional information.

• September 30, 2021: The Nebraska State Legislature approved congressional and legislative maps, and Gov. Pete Ricketts (R) signed the maps into law.
• September 16, 2021: The U.S. Census Bureau released data from the 2020 census in an easier-to-use format to state redistricting authorities and the public.
• September 13, 2021: The Nebraska State Legislature began a special session to address redistricting.
• September 8, 2021: The Redistricting Committee released congressional and legislative map proposals.
• August 12, 2021: The U.S. Census Bureau delivered redistricting data to states in a legacy format.
• April 26, 2021: The U.S. Census Bureau delivered apportionment counts.

Enactment

Enacted congressional district maps

On September 30, 2021, the Nebraska State Legislature approved a new congressional map, 35-11. Gov. Pete Ricketts signed the map into law shortly afterwards. This map took effect for Nebraska's 2022 congressional elections.

Below are the congressional maps in effect before and after the 2020 redistricting cycle.

Nebraska Congressional Districts
until January 2, 2023

Click a district to compare boundaries.

Nebraska Congressional Districts
starting January 3, 2023

Click a district to compare boundaries.

2020 presidential results

The table below details the results of the 2020 presidential election in each district at the time of the 2022 election and its political predecessor district. This data was compiled by Daily Kos Elections.

2020 presidential results by Congressional district, Nebraska
District	2022 district		Political predecessor district
	Joe Biden	Donald Trump	Joe Biden	Donald Trump
Nebraska's 1st	43.3%	54.3%	41.3%	56.3%
Nebraska's 2nd	52.2%	45.8%	52.2%	45.7%
Nebraska's 3rd	23.1%	74.9%	22.4%	75.6%

Enacted state legislative district maps

See also: State legislative district maps implemented after the 2020 census

On September 30, 2021, the Nebraska State Legislature approved a new state legislative map, 37-7. Gov. Pete Ricketts signed the map into law shortly afterwards. This map took effect for Nebraska's 2022 legislative elections.

Below is the state Senate map in effect before and after the 2020 redistricting cycle.

Nebraska State Senate Districts
until January 3, 2023

Click a district to compare boundaries.

Nebraska State Senate Districts
starting January 4, 2023

Click a district to compare boundaries.

Reactions

Following the approval of the maps, Sen. Justin Wayne (D) said: “It was a very frustrating process, but we got to a good result.” Sen. Lou Ann Linehan (R), chairwoman of the redistricting committee, expressed approval of the maps and said she was “constantly reminded how capable Sen. Wayne is” during the negotiations.

Drafting process

In Nebraska, both congressional and state legislative district boundaries are drawn by the state legislature. A simple majority is required to approve a redistricting plan, which is subject to veto by the governor.

The Nebraska Constitution requires that state legislative districts "be contiguous and compact, and they keep to county boundaries 'whenever practicable.'"

On April 8, 2011, the state legislature approved the following redistricting guidelines:

1. Congressional districts should be held to the same aforementioned constitutional requirements as state legislative districts.
2. Both congressional and state legislative districts should be "understandable to voters, preserve the cores of prior districts, and keep to boundaries of cities and villages when feasible."
3. District boundaries "should not be established with the intention of favoring a political party, other group or any person."

The legislature is entitled to amend these guidelines at its discretion.

Timeline

The Nebraska Redistricting Committee had its first meeting to begin the redistricting process on August 30. It held three public hearings in September 2021 to receive feedback on various map proposals.

Nebraska Redistricting Committee hearings, 2020 cycle
Date	Location
Sept. 14 - 1:30 p.m.	Central Community College 3134 W. Hwy 34 Room 555, Health Science Education Center 3134 W. Hwy 34 Grand Island, NE
Sept. 15 - 9:00 a.m.	Nebraska State Capitol Bldg. 1445 K St. Room 1524 Lincoln, NE
Sept. 16 - 10:00 a.m.	Scott Conference Center 6450 Pine St. Omaha, NE

The Nebraska legislature convened a special session on redistricting on September 13, 2021.

Committees and/or commissions involved in the process

In Nebraska, the following committee is involved in the redistricting process and had the following members as of June 9, 2021:

Nebraska Legislature Redistricting Committee membership, 2020 cycle
Name	Partisan affiliation
Chair: Sen. Lou Ann Linehan	Republican
Sen. Carol Blood	Democratic
Sen. Tom Briese	Republican
Sen. Tom Brewer	Republican
Sen. Suzanne Geist	Republican
Sen. Steve Lathrop	Democratic
Sen. John Lowe	Republican
Sen. Adam Morfeld	Democratic
Sen. Justin T. Wayne	Democratic

Criteria

On May 27, 2021, the Nebraska State Legislature adopted redistricting criteria for the 2020 cycle:

The following criteria are adopted to guide the Legislature during the 2021 redistricting process. The criteria are designed to help ensure that the redistricting plans developed are constitutionally acceptable:

1. Population data from the 2020 United States Census will be used for purposes of redistricting.
2. District boundaries established by the Legislature during the 2021 redistricting process shall be based on census geography.
3. District boundaries shall follow county lines whenever practicable andshall define districts that are compact and contiguous as these terms have been articulated by the United States Supreme Court. If adherence to county lines causes a redistricting plan, or any aspect thereof, to be in violation of principles set forth by the United States Supreme Court in interpreting the United States Constitution, that requirement may be waived to the extent necessary to bring the plan or aspect of the plan into compliance with such principles.
4. Insofar as possible, and within the context of principles set forth by the United States Supreme Court, district boundaries shall define districts that are easily identifiable and understandable to voters, preserve communities of interest, and allow for the preservation of the cores of prior districts. When feasible, district boundary lines shall coincide with the boundaries of cities and villages. If a county, city, or village must be divided, the division shall be made along clearly recognizable boundaries, as described by census geography.
5. District boundaries shall not be established with the intention of favoring a political party or any other group or person.
6. In drawing district boundaries, no consideration shall be given to the political affiliations of registered voters, demographic information other than population figures, or the results of previous elections, except as may be required by the laws and Constitution of the United States.
7. District boundaries which would result in the unlawful dilution of the voting strength of any minority population shall not be established.
8. The general goal of the redistricting process shall be the creation of districts that are substantially equal in population. The specific criteria under which redistricting plans shall be judged with regard to the issue of population equality are described in Guideline 9.

The following criteria shall be specifically applicable to the public bodies for which the Legislature will create new district boundaries in 2021:

• UNITED STATES HOUSE OF REPRESENTATIVES
  • Three single-member districts.
  • Population among districts shall be as nearly equal as practicable, that is, with an overall range of deviation at or approaching 0%.
  • No plan will be considered which results in an overall range of deviation in excess of 1% or a relative deviation in excess of plus or minus 0.5%, based on the ideal district population. Any deviation from absolute equality of population must be necessary to the achievement of a "legitimate state objective" as that concept has been articulated by the United States Supreme Court. To the extent that such objectives are relied on, they shall be applied consistently and shall include, but not be limited to, the creation of compact districts, the preservation of municipal boundaries, the preservation of communities of interest, and allowance for the preservation of the cores of prior districts. Whenever there is presented to the Legislature more than one plan that will substantially vindicate the above objectives, preference will be given to the plan that provides the greatest degree of population equality.
• LEGISLATURE
  • Forty-nine single-member districts.
  • In establishing new legislative district boundaries, the Legislature shall create districts that are as nearly equal in population as may be. No plan will be considered which results in an overall range of deviation in excess of 10% or a relative deviation in excess of plus or minus 5%, based on the ideal district population.
  • Any deviation in excess of the above must be justifiable as necessary for the realization of a "rational state policy" as that concept has been articulated by the United States Supreme Court.
  • If the population of any county falls within the relative deviation set forth in these guidelines, the boundaries of that county shall define a legislative district.
• NEBRASKA SUPREME COURT
  • Six single-member districts.
  • Equality of population shall be achieved in accordance with the standards established above for redistricting the Legislature.
• BOARD OF REGENTS
  • Eight single-member districts.
  • Equality of population shall be achieved in accordance with the standards established above for redistricting the Legislature.
• PUBLIC SERVICE COMMISSION
  • Five single-member districts.
  • Equality of population shall be achieved in accordance with the standards established above for redistricting the Legislature.
• STATE BOARD OF EDUCATION
  • Eight single-member districts.
  • Equality of population shall be achieved in accordance with the standards established above for redistricting the Legislature.

Proposed maps

Congressional

On Sept. 8, the Nebraska Legislature Redistricting Committee met and released map proposals for congressional redistricting. On Sept. 24, the Nebraska Legislature gave first-round approval to advance an amended map proposal.

Sen. Lou Ann Linehan (R) proposal (9/8/21)

Sen. Lou Ann Linehan (R), Chairwoman of the Redistricting Committee, introduced the map embedded below for congressional redistricting.

Sen. Justin T. Wayne (D) proposal (9/8/21)

Sen. Justin T. Wayne (D), a member of the Redistricting Committee, introduced the map embedded below for congressional redistricting.

Sen. Lou Ann Linehan (R) proposal (9/24/21)

Sen. Lou Ann Linehan (R), Chairwoman of the Redistricting Committee, introduced the map embedded below for congressional redistricting.

Legislative

On Sept. 8, the Nebraska Legislature Redistricting Committee met and released map proposals for state legislative redistricting. On Sept. 28, the Nebraska Legislature gave first-round approval to an amended redistricting proposal.

Sen. Lou Ann Linehan (R) proposal (9/8/21)

Sen. Lou Ann Linehan (R), Chairwoman of the Redistricting Committee, introduced the map embedded below for legislative redistricting.

Sen. Justin T. Wayne (D) proposal (9/8/21)

Sen. Justin T. Wayne (D), a member of the Redistricting Committee, introduced the map embedded below for legislative redistricting.

Sen. Lou Ann Linehan (R) proposal (9/28/21)

Sen. Lou Ann Linehan (R), Chairwoman of the Redistricting Committee, introduced the map embedded below for congressional redistricting.

Reactions

After the Republican plans for congressional and legislative redistricting advanced beyond committee, both were unable to advance beyond debate. On Sept. 17, the Nebraska legislature was unable to advance Sen. Lou Ann Linehan's (R) proposed map (LB1) for congressional redistricting beyond general file debate. It voted 29-17 in support of advancing the map, which was four votes short of the 33 necessary for advancement. Sixteen Democrats and Sen. John McCollister (R) voted against advancing the map. A central issue in negotiations was the division of Douglas County, where Omaha is located, into two congressional districts. Gov. Pete Ricketts (R) said: "I think the Congressional map that Sen. Linehan proposed was a great map and as an Omahan I would love to have two members of Congress representing my city." State Sen. Machaela Cavanaugh (D) said: "This is ridiculous. This is the definition of political theater. We shouldn’t be talking about this bill we should be working on a real genuine bill that even the chair thinks is a genuine bill."

On Sept. 20, the Nebraska legislature also halted the advancement of Linehan's proposed map (LB3) for legislative redistricting beyond general file debate. The map needed 33 votes to advance, but only received 27. Seventeen Democratic legislators voted against the bill, along with McCollister. Linehan said she and the redistricting committee worked to "keep as much of rural Nebraska represented as we possibly can. Understand that it’s not personal, it’s just a math problem." Sen. Steve Lathrop (D) criticized the mop, saying: "If it’s not gerrymandering, it’s deviation-mandering. We’re going to game the deviation to blunt the consequences of population loss west of Kearney and then stand up and say we’re doing this to preserve the core of the district."

The Nebraska Legislature gave first-round approval to advance an amended congressional map proposal on Sept. 24, and gave second-round approval on Sept. 29. On Sept. 28, the Nebraska Legislature gave first-round approval to an amended legislative redistricting proposal.

Apportionment and release of census data

Apportionment is the process by which representation in a legislative body is distributed among its constituents. The number of seats in the United States House of Representatives is fixed at 435. The United States Constitution dictates that districts be redrawn every 10 years to ensure equal populations between districts. Every ten years, upon completion of the United States census, reapportionment occurs.

Apportionment following the 2020 census

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. Nebraska was apportioned three seats in the U.S. House of Representatives. This represented neither a gain nor a loss of seats as compared to apportionment after the 2010 census.

See the table below for additional details.

2020 and 2010 census information for Nebraska
State	2010 census		2020 census		2010-2020
	Population	U.S. House seats	Population	U.S. House seats	Raw change in population	Percentage change in population	Change in U.S. House seats
Nebraska	1,831,825	3	1,963,333	3	131,508	7.18%	0

Redistricting data from the Census Bureau

On February 12, 2021, the Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. On March 15, 2021, the Census Bureau released a statement indicating it would make redistricting data available to the states in a legacy format in mid-to-late August 2021. A legacy format presents the data in raw form, without data tables and other access tools. On May 25, 2021, Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau's timetable for delivering redistricting data. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021. The Census Bureau released the 2020 redistricting data in a legacy format on August 12, 2021, and in an easier-to-use format at data.census.gov on September 16, 2021.

Court challenges

If you are aware of any relevant lawsuits that are not listed here, please email us at editor@ballotpedia.org.

This section will include information regarding legal challenges to enacted maps.

Background

This section includes background information on federal requirements for congressional redistricting, state legislative redistricting, state-based requirements, redistricting methods used in the 50 states, gerrymandering, and recent court decisions.

Federal requirements for congressional redistricting

According to Article I, Section 4 of the United States Constitution, the states and their legislatures have primary authority in determining the "times, places, and manner" of congressional elections. Congress may also pass laws regulating congressional elections.

“	The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.	”
—United States Constitution

Article I, Section 2 of the United States Constitution stipulates that congressional representatives be apportioned to the states on the basis of population. There are 435 seats in the United States House of Representatives. Each state is allotted a portion of these seats based on the size of its population relative to the other states. Consequently, a state may gain seats in the House if its population grows or lose seats if its population decreases, relative to populations in other states. In 1964, the United States Supreme Court ruled in Wesberry v. Sanders that the populations of House districts must be equal "as nearly as practicable."

The equal population requirement for congressional districts is strict. According to All About Redistricting, "Any district with more or fewer people than the average (also known as the 'ideal' population), must be specifically justified by a consistent state policy. And even consistent policies that cause a 1 percent spread from largest to smallest district will likely be unconstitutional."

Federal requirements for state legislative redistricting

The United States Constitution is silent on the issue of state legislative redistricting. In the mid-1960s, the United States Supreme Court issued a series of rulings in an effort to clarify standards for state legislative redistricting. In Reynolds v. Sims, the court ruled that "the Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races." According to All About Redistricting, "it has become accepted that a [redistricting] plan will be constitutionally suspect if the largest and smallest districts [within a state or jurisdiction] are more than 10 percent apart."

State-based requirements

In addition to the federal criteria noted above, individual states may impose additional requirements on redistricting. Common state-level redistricting criteria are listed below.

1. Contiguity refers to the principle that all areas within a district should be physically adjacent. A total of 49 states require that districts of at least one state legislative chamber be contiguous (Nevada has no such requirement, imposing no requirements on redistricting beyond those enforced at the federal level). A total of 23 states require that congressional districts meet contiguity requirements.
2. Compactness refers to the general principle that the constituents within a district should live as near to one another as practicable. A total of 37 states impose compactness requirements on state legislative districts; 18 states impose similar requirements for congressional districts.
3. A community of interest is defined by FairVote as a "group of people in a geographical area, such as a specific region or neighborhood, who have common political, social or economic interests." A total of 24 states require that the maintenance of communities of interest be considered in the drawing of state legislative districts. A total of 13 states impose similar requirements for congressional districts.
4. A total of 42 states require that state legislative district lines be drawn to account for political boundaries (e.g., the limits of counties, cities, and towns). A total of 19 states require that similar considerations be made in the drawing of congressional districts.

Methods

In general, a state's redistricting authority can be classified as one of the following:

1. Legislature-dominant: In a legislature-dominant state, the legislature retains the ultimate authority to draft and enact district maps. Maps enacted by the legislature may or may not be subject to gubernatorial veto. Advisory commissions may also be involved in the redistricting process, although the legislature is not bound to adopt an advisory commission's recommendations.
2. Commission: In a commission state, an extra-legislative commission retains the ultimate authority to draft and enact district maps. A non-politician commission is one whose members cannot hold elective office. A politician commission is one whose members can hold elective office.
3. Hybrid: In a hybrid state, the legislature shares redistricting authority with a commission.

Gerrymandering

In 1812, Massachusetts Governor Elbridge Gerry signed into law a state Senate district map that, according to the Encyclopædia Britannica, "consolidated the Federalist Party vote in a few districts and thus gave disproportionate representation to Democratic-Republicans." The word gerrymander was coined by The Boston Gazette to describe the district.

See also: Gerrymandering

The term gerrymandering refers to the practice of drawing electoral district lines to favor one political party, individual, or constituency over another. When used in a rhetorical manner by opponents of a particular district map, the term has a negative connotation but does not necessarily address the legality of a challenged map. The term can also be used in legal documents; in this context, the term describes redistricting practices that violate federal or state laws.

For additional background information about gerrymandering, click "[Show more]" below.

Show more

The phrase racial gerrymandering refers to the practice of drawing electoral district lines to dilute the voting power of racial minority groups. Federal law prohibits racial gerrymandering and establishes that, to combat this practice and to ensure compliance with the Voting Rights Act, states and jurisdictions can create majority-minority electoral districts. A majority-minority district is one in which a racial group or groups comprise a majority of the district's populations. Racial gerrymandering and majority-minority districts are discussed in greater detail in this article.

The phrase partisan gerrymandering refers to the practice of drawing electoral district maps with the intention of favoring one political party over another. In contrast with racial gerrymandering, on which the Supreme Court of the United States has issued rulings in the past affirming that such practices violate federal law, the high court had not, as of November 2017, issued a ruling establishing clear precedent on the question of partisan gerrymandering. Although the court has granted in past cases that partisan gerrymandering can violate the United States Constitution, it has never adopted a standard for identifying or measuring partisan gerrymanders. Partisan gerrymandering is described in greater detail in this article.

Recent court decisions

See also: Redistricting cases heard by the Supreme Court of the United States

The Supreme Court of the United States has, in recent years, issued several decisions dealing with redistricting policy, including rulings relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of redistricting commissions. The rulings in these cases, which originated in a variety of states, impact redistricting processes across the nation.

For additional background information about these cases, click "[Show more]" below.

Show more

Alexander v. South Carolina State Conference of the NAACP (2024)

See also: Alexander v. South Carolina State Conference of the NAACP

Alexander v. South Carolina State Conference of the NAACP — This case concerns a challenge to the congressional redistricting plan that the South Carolina legislature enacted after the 2020 census. In January 2023, a federal three-judge panel ruled that the state's 1st Congressional District was unconstitutional and enjoined the state from conducting future elections using its district boundaries. The panel's opinion said, "The Court finds that race was the predominant factor motivating the General Assembly’s adoption of Congressional District No. 1...Defendants have made no showing that they had a compelling state interest in the use of race in the design of Congressional District No. 1 and thus cannot survive a strict scrutiny review." Thomas Alexander (R)—in his capacity as South Carolina State Senate president—appealed the federal court's ruling, arguing: :In striking down an isolated portion of South Carolina Congressional District 1 as a racial gerrymander, the panel never even mentioned the presumption of the General Assembly’s “good faith.”...The result is a thinly reasoned order that presumes bad faith, erroneously equates the purported racial effect of a single line in Charleston County with racial predominance across District 1, and is riddled with “legal mistake[s]” that improperly relieved Plaintiffs of their “demanding” burden to prove that race was the “predominant consideration” in District 1. The U.S. Supreme Court scheduled oral argument on this case for October 11, 2023.

Moore v. Harper (2023)

See also: Moore v. Harper

At issue in Moore v. Harper, was whether state legislatures alone are empowered by the Constitution to regulate federal elections without oversight from state courts, which is known as the independent state legislature doctrine. On November 4, 2021, the North Carolina General Assembly adopted a new congressional voting map based on 2020 Census data. The legislature, at that time, was controlled by the Republican Party. In the case Harper v. Hall (2022), a group of Democratic Party-affiliated voters and nonprofit organizations challenged the map in state court, alleging that the new map was a partisan gerrymander that violated the state constitution. On February 14, 2022, the North Carolina Supreme Court ruled that the state could not use the map in the 2022 elections and remanded the case to the trial court for further proceedings. The trial court adopted a new congressional map drawn by three court-appointed experts. The United States Supreme Court affirmed the North Carolina Supreme Court's original decision in Moore v. Harper that the state's congressional district map violated state law. In a 6-3 decision, Chief Justice John Roberts wrote that the "Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.

Merrill v. Milligan (2023)

See also: Merrill v. Milligan

At issue in Merrill v. Milligan, was the constitutionality of Alabama's 2021 redistricting plan and whether it violated Section 2 of the Voting Rights Act. A group of Alabama voters and organizations sued Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R). Plaintiffs alleged the congressional map enacted on Nov. 4, 2021, by Gov. Kay Ivey (R) unfairly distributed Black voters. The plaintiffs asked the lower court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district. The court ruled 5-4, affirming the lower court opinion that the plaintiffs showed a reasonable likelihood of success concerning their claim that Alabama's redistricting map violated Section 2 of the Voting Rights Act.

Gill v. Whitford (2018)

See also: Gill v. Whitford

In Gill v. Whitford, decided on June 18, 2018, the Supreme Court of the United States ruled that the plaintiffs—12 Wisconsin Democrats who alleged that Wisconsin's state legislative district plan had been subject to an unconstitutional gerrymander in violation of the First and Fourteenth Amendments—had failed to demonstrate standing under Article III of the United States Constitution to bring a complaint. The court's opinion, penned by Chief Justice John Roberts, did not address the broader question of whether partisan gerrymandering claims are justiciable and remanded the case to the district court for further proceedings. Roberts was joined in the majority opinion by Associate Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Kagan penned a concurring opinion joined by Ginsburg, Breyer, and Sotomayor. Associate Justice Clarence Thomas penned an opinion that concurred in part with the majority opinion and in the judgment, joined by Associate Justice Neil Gorsuch.

Cooper v. Harris (2017)

See also: Cooper v. Harris

In Cooper v. Harris, decided on May 22, 2017, the Supreme Court of the United States affirmed the judgment of the United States District Court for the Middle District of North Carolina, finding that two of North Carolina's congressional districts, the boundaries of which had been set following the 2010 United States Census, had been subject to an illegal racial gerrymander in violation of Section 2 of the Voting Rights Act. Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). In the court's majority opinion, Kagan described the two-part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: "First, the plaintiff must prove that 'race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.' ... Second, if racial considerations predominated over others, the design of the district must withstand strict scrutiny. The burden shifts to the State to prove that its race-based sorting of voters serves a 'compelling interest' and is 'narrowly tailored' to that end." In regard to the first part of the aforementioned analysis, Kagan went on to note that "a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones." Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion. This opinion was joined by Chief Justice John Roberts and Justice Anthony Kennedy.

Evenwel v. Abbott (2016)

See also: Evenwel v. Abbott

Evenwel v. Abbott was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts in Texas. The plaintiffs, Sue Evenwel and Edward Pfenninger, argued that district populations ought to take into account only the number of registered or eligible voters residing within those districts as opposed to total population counts, which are generally used for redistricting purposes. Total population tallies include non-voting residents, such as immigrants residing in the country without legal permission, prisoners, and children. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents. The court ruled 8-0 on April 4, 2016, that a state or locality can use total population counts for redistricting purposes. The majority opinion was penned by Justice Ruth Bader Ginsburg.

Harris v. Arizona Independent Redistricting Commission (2016)

Justice Stephen Breyer penned the majority opinion in Harris v. Arizona Independent Redistricting Commission.

See also: Harris v. Arizona Independent Redistricting Commission

Harris v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts that were created by the commission in 2012. The plaintiffs, a group of Republican voters, alleged that "the commission diluted or inflated the votes of almost two million Arizona citizens when the commission intentionally and systematically overpopulated 16 Republican districts while under-populating 11 Democrat districts." This, the plaintiffs argued, constituted a partisan gerrymander. The plaintiffs claimed that the commission placed a disproportionately large number of non-minority voters in districts dominated by Republicans; meanwhile, the commission allegedly placed many minority voters in smaller districts that tended to vote Democratic. As a result, the plaintiffs argued, more voters overall were placed in districts favoring Republicans than in those favoring Democrats, thereby diluting the votes of citizens in the Republican-dominated districts. The defendants countered that the population deviations resulted from legally defensible efforts to comply with the Voting Rights Act and obtain approval from the United States Department of Justice. At the time of redistricting, certain states were required to obtain preclearance from the U.S. Department of Justice before adopting redistricting plans or making other changes to their election laws—a requirement struck down by the United States Supreme Court in Shelby County v. Holder (2013). On April 20, 2016, the court ruled unanimously that the plaintiffs had failed to prove that a partisan gerrymander had taken place. Instead, the court found that the commission had acted in good faith to comply with the Voting Rights Act. The court's majority opinion was penned by Justice Stephen Breyer.

Arizona State Legislature v. Arizona Independent Redistricting Commission (2015)

See also: Arizona State Legislature v. Arizona Independent Redistricting Commission

Arizona State Legislature v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2015. At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000. According to Article I, Section 4 of the United States Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." The state legislature argued that the use of the word "legislature" in this context is literal; therefore, only a state legislature may draw congressional district lines. Meanwhile, the commission contended that the word "legislature" ought to be interpreted to mean "the legislative powers of the state," including voter initiatives and referenda. On June 29, 2015, the court ruled 5-4 in favor of the Arizona Independent Redistricting Commission, finding that "redistricting is a legislative function, to be performed in accordance with the state's prescriptions for lawmaking, which may include the referendum and the governor's veto." The majority opinion was penned by Justice Ruth Bader Ginsburg and joined by Justices Anthony Kennedy, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia, and Samuel Alito dissented.

Trifectas and redistricting

In 34 of the states that conducted legislative elections in 2020, the legislatures themselves played a significant part in the subsequent redistricting process. The winner of eight of 2020's gubernatorial elections had veto authority over state legislative or congressional district plans approved by legislatures. The party that won trifecta control of a state in which redistricting authority rests with the legislature directed the process that produces the maps that will be used for the remainder of the decade. Trifecta shifts in the 2010 election cycle illustrate this point. In 2010, 12 states in which legislatures had authority over redistricting saw shifts in trifecta status. Prior to the 2010 elections, seven of these states were Democratic trifectas; the rest were divided governments. After the 2010 elections, seven of these states became Republican trifectas; the remainder either remained or became divided governments. The table below details these shifts and charts trifecta status heading into the 2020 election cycle.

The 12 legislature-redistricting states that saw trifecta shifts in 2010 – subsequent trifecta status

State	Primary redistricting authority	Pre-2010 trifecta status	Post-2010 trifecta status	Post-2018 trifecta status
Alabama	Legislature	Divided	Republican	Republican
Colorado	Congressional maps: legislature State legislative maps: politician commission	Democratic	Divided	Democratic
Indiana	Legislature	Divided	Republican	Republican
Iowa	Legislature	Democratic	Divided	Republican
Maine	Legislature	Democratic	Republican	Democratic
Michigan	Legislature	Divided	Republican	Divided
New Hampshire	Legislature	Democratic	Divided	Divided
North Carolina	Legislature	Democratic	Divided	Divided
Ohio	Congressional maps: legislature State legislative maps: politician commission	Divided	Republican	Republican
Oregon	Legislature	Democratic	Divided	Democratic
Pennsylvania	Congressional maps: legislature State legislative maps: politician commission	Divided	Republican	Divided
Wisconsin	Legislature	Democratic	Republican	Divided

2010 redistricting cycle

Redistricting in Nebraska after the 2010 census

On May 26, 2011, the state legislature approved congressional and state legislative district maps. These were signed into law by the governor on the same day. No constitutional challenges to the maps were brought.

See also

• Redistricting in Nebraska after the 2010 census
• Redistricting in Nebraska
• State-by-state redistricting procedures
• Majority-minority districts

External links

• Search Google News for this topic
• All About Redistricting
• Dave's Redistricting
• FiveThirtyEight, "What Redistricting Looks Like In Every State"
• National Conference of State Legislatures, "Redistricting Process"
• FairVote, "Redistricting"