Washington, D.C.: Is there a case to be made that gerrymandering violates the "one man, one vote" principle?
Nathaniel Persily: Gerrymandering can violate the one person, one vote principle if it creates districts that have different populations in them. Here, the map, based on 2000 census data, had relatively equal numbers of people ion the districts. Plaintiffs' argued that the use of old census data was unconstitutional. The court held, however, that there is nothing per se unconstitutional about a mid-decade partisan gerrymander.
Arlington, Va.: Does this case open us up to redistricting at the state level every time one party gains control over another?
Nathaniel Persily: Several people are asking this type of question so let me elaborate. The Court did not hold that partisan gerrymanders are always constitutional -- only that this one was. Partisan gerrymandering claims remain justifiable -- meaning that people can still go to court and complain about them, but they will need to jump over some pretty high hurdles to prove their case. Here, the court said that the Republican map -- which overturned a map drawn by a district court and that favored current incumbents a disproportionate number of whom were Democrats -- did not constitute an unconstitutional partisan gerrymander.