Fact check: Can gerrymandering occur outside of the typical post-census redistricting process?

1. Summary of the results

Yes, gerrymandering can definitively occur outside of the typical post-census redistricting process. The analyses provide clear evidence that states have the power to redraw congressional districts at any time during the decade, not just after the census.

The most prominent example is Texas, which has engaged in mid-decade redistricting multiple times. Texas Republicans recently moved to redraw the state's congressional districts in the middle of the decade ^[1], and this is not their first time doing so - they previously engaged in similar mid-decade redistricting in 2003 ^[2]. This demonstrates that mid-decade gerrymandering is both legally permissible and has historical precedent.

The Supreme Court's 2019 decision has significantly expanded states' power in this area by removing key guardrails that previously prevented severe partisan redistricting ^[3]. This ruling has given states "increasingly unfettered power in redistricting" ^[1], making mid-decade gerrymandering more feasible and legally protected.

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements that emerge from the analyses:

• Retaliatory gerrymandering is becoming a strategic consideration: Democrats in states like California and New York are considering retaliatory measures to counter Texas' actions, which could trigger a broader wave of mid-decade redistricting ^[4]. This suggests we may be entering what experts describe as a "gerrymandering arms race" with "multiple states redrawing their maps outside of the typical post-census process" ^[5].
• Legal barriers vary by state: While mid-decade gerrymandering is legally possible, Democrats face "legal hurdles" in implementing retaliatory measures ^[4], indicating that the ease of mid-decade redistricting may depend on state-specific legal frameworks.
• Historical precedent exists: The 2003 Texas redistricting ^[2] shows this is not a new phenomenon, providing important historical context that mid-decade gerrymandering has been used as a political tool before.
• Broader voting access implications: Mid-decade redistricting occurs within a larger context of voting law changes that can affect "voter turnout and democratic representation" ^[6], suggesting the impact extends beyond just district boundaries.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation or bias - it is a straightforward factual inquiry. However, the framing as a question about whether this "can" occur might inadvertently suggest it's rare or unusual, when the analyses show it's both legally established and has been practiced multiple times, particularly by Texas Republicans who have made this a recurring political strategy ^{[1] [2]}.

The question's focus on "typical" redistricting processes might also understate how the Supreme Court's 2019 ruling has fundamentally altered the redistricting landscape, making what was once atypical now legally routine ^[3].