The Legal Warrants of Gerrymandering and Voter Suppression in Modern Politics

Since the advent of gerrymandering in the early 19th century during the Democratic Governor Elbridge Gerry's tenure, this practice has been a contentious issue in American electoral politics. However, its persistence and legality are often attributed to the Republican-dominated US Supreme Court, which has overruled efforts to criminalize gerrymandering and voter suppression.

Supreme Court's Rulings and the Violation of Voting Rights

The Republican-leaned US Supreme Court's decisions have greatly influenced the legality and enforcement of gerrymandering and voter suppression. In a landmark ruling, the Court gutted the Voting Rights Act, paving the way for states to manipulate electoral districts under the guise of partisan advantage. This act was originally intended to prevent racial discrimination in voting, but it is now argued that it also protects against other forms of disenfranchisement.

Under the current political climate, where the party in power benefits from manipulating electoral boundaries and courts are often decided in their favor, there is little indication of imminent change. Democrats argue that gerrymandering effectively disenfranchises voters, allowing elected officials to dictate political boundaries rather than the other way around. The implications are dire, as it creates a system where political parties are more interested in restricting voting rather than making it easier for all eligible citizens to participate.

Legal and Ethical Implications

Technically, voter suppression remains a criminal offense, along with voter intimidation. However, the enforcement of these laws often does not extend to state legislatures when they create barriers to voting. This raises serious ethical and legal questions about the integrity of the democratic process. Elected officials should be concerned with ensuring that their constituents can vote without hindrance, rather than implementing schemes to suppress voter turnout.

Proposed Solutions: A New Voting Rights Act

To address these issues, a robust new Voting Rights Act must be passed. This act should require states that do not use independent redistricting commissions free from legislative control to seek pre-clearance before implementing new voting laws. Additionally, any state that makes voting more difficult should also face pre-clearance requirements. This would help to prevent future disenfranchisement.

Furthermore, the Department of Justice (DOJ) needs to be more proactive in pursuing cases against parties and operatives who engage in or harass voters. While some measures were in place in the past, such as the Republican ban on polling place activities, these expired in 2020. As a result, if any party now oversteps these boundaries, the DOJ must take swift action by bringing cases to court.

Conclusion

The persistence of gerrymandering and voter suppression is a complex issue with deep roots in the American political system. However, by implementing a new Voting Rights Act and ensuring stronger enforcement by governmental agencies, we can work towards a more equitable and just electoral process. It requires a concerted effort from all political parties to uphold the principles of democracy and ensure that every citizen's right to vote is protected.