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Fact check: Which states have been found guilty of gerrymandering in the past decade?
1. Summary of the results
Based on the analyses provided, several states have been involved in gerrymandering-related court cases and redistricting controversies over the past decade, though the sources don't explicitly state which states have been definitively "found guilty" of gerrymandering.
States with documented gerrymandering involvement include:
- Wisconsin - involved in the Gill v. Whitford case [1]
- Maryland - involved in the Benisek v. Lamone case [1]
- North Carolina - involved in multiple cases including Harris v. Cooper, Common Cause v. Rucho, and League of Women Voters v. Rucho [1], and mentioned as a state where Republicans attempted mid-decade redistricting [2]
- Texas - mentioned as currently involved in redistricting efforts and planning to redraw congressional maps [3] [4], and as a state where Republicans attempted mid-decade redistricting [2]
- Alabama and Louisiana - mentioned as states involved in redistricting efforts and court cases related to the Voting Rights Act [4]
- Colorado and Georgia - mentioned as states where Republicans attempted mid-decade redistricting [2]
Additional states mentioned in redistricting contexts include California, Missouri, New York, Wisconsin, Florida, Ohio, Indiana, and Kansas [3].
2. Missing context/alternative viewpoints
The analyses reveal several critical pieces of missing context:
Supreme Court's limiting role: The Supreme Court ruled that federal courts cannot intervene in partisan gerrymandering cases [4], which has given states "increasingly unfettered power in redistricting" [4]. This legal precedent significantly impacts how gerrymandering cases are adjudicated and may explain why fewer states have been definitively "found guilty."
Distinction between involvement and guilt: The sources consistently mention states being "involved in" gerrymandering cases rather than being "found guilty," suggesting the legal outcomes may be more nuanced than a simple guilty/not guilty determination.
Partisan patterns: Republicans have been specifically mentioned as attempting mid-decade redistricting in Texas, Colorado, Georgia, and North Carolina [2], indicating potential partisan motivations behind redistricting efforts.
Voting Rights Act complications: Some cases involve the Voting Rights Act rather than purely partisan gerrymandering [4], adding complexity to the legal landscape.
3. Potential misinformation/bias in the original statement
The original question assumes that states have been definitively "found guilty" of gerrymandering, but the analyses suggest this framing may be misleading:
Legal complexity obscured: The question oversimplifies the legal reality. Courts may find redistricting plans unconstitutional or order new maps without necessarily declaring states "guilty" in a criminal sense.
Federal vs. state court distinction: The Supreme Court's decision to limit federal court intervention means many gerrymandering determinations now occur at the state level, making a comprehensive national assessment more difficult.
Temporal precision lacking: While the question asks about "the past decade," the sources don't provide clear timeframes for when specific legal determinations were made, making it difficult to verify the temporal scope accurately.
The question would be more accurately framed as asking which states have had redistricting plans challenged, overturned, or found unconstitutional, rather than which have been "found guilty" of gerrymandering.