Who draws the lines?
Redistricting status map
|Court rejected challenge to leg. map|
|Court sent map back to legislature|
|Court drew map (not legislature)|
|Court rejected challenge to comm'n map|
|Court sent map back to commission|
- Litigation over state legislative lines -- 2010 cycle
Courts are also sometimes called on to draw district lines. Most state constitutions set a deadline by which the regular process of redistricting must be completed. If the primary redistricting body has not drawn a viable map by then, state or federal courts may step in to make sure that the district lines are set before the next election. Also, if the maps are produced on time, but are legally flawed, some courts will draw maps of their own, particularly if elections are around the corner, and there is not enough time to give the pen back to the original drawers.
In the 2010 redistricting cycle, courts were asked to intervene in 42 states. Courts reviewed congressional districts (or stepped in to correct legislative inaction) in 22 states, declared new districts unlawful in two states (FL and TX, later vacated), and actually drew the lines (or some of the lines) themselves in 9 states, including 8 states where the court drew lines when the primary map-drawer defaulted (in OH, the legislature passed a new plan and litigants settled out of court before a final court opinion was issued). As of July 2014, there are 6 states with active ongoing litigation directly challenging existing congressional plans, in AZ, FL, MD, NC, TX, and VA.
Courts reviewed state legislative districts (or stepped in to correct legislative inaction) in 34 states, declared new districts unlawful in 9 states, and actually drew the lines (or some of the lines) themselves in 6 states, including 4 states where the court drew lines when the primary map-drawer defaulted. As of July 2014, there are 6 states with active ongoing cases directly challenging existing state legislative plans, in AL, AZ, FL, NC, TX, and WY.