Davis v. Bandemer
The Supreme Court's First Decision on Partisan Gerrymandering
In Davis v. Bandemer (1986), the Supreme Court held that partisan gerrymandering claims were justiciable and set forth a test to determine whether a redistricting plan discriminates against members of a political group in violation of the Equal Protection Clause of the Fourteenth Amendment. That test requires plaintiffs to prove (1) that the plan was passed with the intent to discriminate against a political group and (2) that the plan will have an actual discriminatory effect on that group, as shown by (a) an actual or projected history of disproportionate election results and (b) the consistent degradation of the influence…
