Federalist Radio Hour: Why Virginia’s Twisted Gerrymander Won’t Survive Judicial Review
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This episode of The Federalist Radio Hour examines Virginia's controversial mid-decade redistricting effort, where Democrats are pushing a referendum to bypass an independent commission and redraw congressional maps in a way that critics call a 'twisted gerrymander.' Host Matt Kittle interviews Charles Blahaus, Senior Research Strategist at the Mercatus Center, who argues that the real constitutional issue isn't partisan bias but the map's grotesque geographic contortion—violating Virginia's own compactness requirement. Blahaus emphasizes that while partisan gerrymandering isn't unconstitutional, the distortion of district shapes undermines the foundational principle of geographic representation. He critiques the use of metrics like the 'efficiency gap' as legally and philosophically flawed, advocating instead for a simple, mathematically intuitive standard—perimeter squared divided by area—to define compactness. The episode also explores the hypocrisy of Democrats who once championed independent commissions but now seek to abandon them for temporary political advantage. Legal challenges are expected, both on procedural grounds and constitutional compactness, with implications for future redistricting battles nationwide. Despite the inevitability of political influence in mapmaking, Blahaus insists that protecting geographic integrity is a non-partisan goal worth pursuing. Key takeaways include: (1) The core problem with gerrymanders is not partisan tilt but geographic contortion; (2) Virginia’s compactness requirement, though in place, may be violated by the proposed map; (3) Simple geometric standards like the perimeter-to-area ratio can objectively measure district fairness; (4) Independent commissions aren’t inherently better—bipartisan gerrymandering can still occur; (5) The 'temporary' justification for abandoning commissions is disingenuous and sets a dangerous precedent; (6) The Supreme Court may not intervene federally, but state courts could strike down maps violating state constitutional compactness; (7) Gerrymandering will persist unless states adopt enforceable, non-partisan standards; (8) Voters should judge maps by shape, not just outcome—intuition matters.
The real constitutional issue in gerrymandering is geographic contortion, not partisan bias.
Virginia’s compactness requirement, though in place, may be violated by the proposed map.
A simple geometric measure—perimeter squared divided by area—can objectively assess district fairness.
Independent commissions are not immune to gerrymandering and can produce bipartisan distortions.
The 'temporary' justification for abandoning commissions is politically disingenuous.
…and 3 more takeaways available in PodZeus
The Virginia Gerrymander and the Rise of Geographic Contortion
“The problem here is not the partisan tilt that is anticipated from the map. It's the map itself. It's the fact that the map has been drawn in such an absurd way where you have little slivers of northern Virginia connected in the same district to districts in the south of Virginia.”
The Constitutional Limits of Partisan Gerrymandering
Blahaus argues that while partisan gerrymandering is not unconstitutional, the Constitution does not protect political parties. The real violation lies in undermining the geographic basis of representation. He distinguishes between disenfranchising voters based on race or identity and disadvantaging a party based on vote distribution.
The Myth of the 'Efficiency Gap' and the Case for Geometric Standards
“I think this measure of just taking the ratio of the square of a district's perimeter to its area captures what most people intuitively think of as irregularity in shape.”
The Hypocrisy of Virginia’s Democratic Leadership and the 'Temporary' Excuse
“I think there's a certain disingenuousness to that argument, that terminology, right? It's the, oh, well, these are emergency urgent times. We're forced to do this as an extreme measure right now.”
The Future of Redistricting: Lessons from Virginia
Blahaus reflects on the potential long-term impact of Virginia’s referendum. If passed, it could embolden other states to bypass rules and escalate gerrymandering. He concludes that while politics will always be part of mapmaking, protecting geographic integrity is a non-partisan goal worth pursuing.
“The problem here is not the partisan tilt that is anticipated from the map. It's the map itself. It's the fact that the map has been drawn in such an absurd way where you have little slivers of northern Virginia connected in the same district to districts in the south of Virginia.”
“I think there's a certain disingenuousness to that argument, that terminology, right? It's the, oh, well, these are emergency urgent times. We're forced to do this as an extreme measure right now.”
“I think this measure of just taking the ratio of the square of a district's perimeter to its area captures what most people intuitively think of as irregularity in shape.”
Host
Guest
Charles Blahaus
person
Virginia
place
U.S. Supreme Court
organization
Matt Kittle
person
Texas
place
Mercatus Center
organization
Maryland
place
California
place
George Mason University
organization
The Federalist
organization
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