As Supreme Court pulls back on gerrymandering, state courts may decide fate of maps
3 minute readPublished: Friday, January 2, 2026 at 4:43 pm
State Courts Take Center Stage in Gerrymandering Battles
With the U.S. Supreme Court stepping back from reviewing partisan gerrymandering, state courts are increasingly becoming the battleground for challenges to congressional maps. This shift comes as states prepare for the 2026 midterm elections, with new maps already adopted or under consideration in several states.
The Supreme Court's recent decisions have limited the role of federal courts in these cases, prompting opponents of gerrymandering to focus on state constitutions. These constitutions often contain language similar to the U.S. Constitution's guarantees of free speech, association, and equal protection, as well as specific provisions for free and fair elections.
In Missouri, opponents of a newly passed congressional map are seeking a statewide vote to overturn it, with state courts likely to weigh in. The map has already faced lawsuits, including challenges to the validity of referendum signatures and claims of unconstitutional redistricting. The Secretary of State's decision to implement the map, despite the referendum petition, is expected to be a key legal point.
However, the path to challenging gerrymandering in state courts is not always clear. Some state supreme courts have been reluctant to intervene, often interpreting their state constitutions in line with the U.S. Supreme Court's views. This practice, known as "lockstepping," can limit the effectiveness of state-level challenges.
The outcome of these cases could significantly impact the balance of power in Congress. States like California, Florida, New York, and Ohio, where state supreme courts have previously found problems with partisan gerrymanders, could see further legal challenges.
BNN's Perspective: The increasing reliance on state courts to address gerrymandering highlights the evolving landscape of election law. While the Supreme Court's decisions have created a vacuum, state courts now face the complex task of balancing legislative authority with the constitutional rights of voters. This shift underscores the importance of fair and impartial judicial review in ensuring the integrity of the electoral process.
Keywords: gerrymandering, state courts, congressional maps, Supreme Court, Missouri, elections, redistricting, partisan advantage, constitutional rights, free and fair elections.