Volume 41, Issue 3 p. 336-359
Original Article

The Mask of Neutrality: Judicial Partisan Calculation and Legislative Redistricting

Jordan Carr Peterson

Corresponding Author

Jordan Carr Peterson

Address correspondence to Jordan Carr Peterson, Texas Christian University, Department of Political Science, TCU Box 297021, Fort Worth, TX 76129, USA. Telephone: (904) 704-3335; Email: jordancarrpeterson@gmail.com.Search for more papers by this author
First published: 29 June 2019
Citations: 2
I would like to thank Christian Grose and Jeb Barnes for their helpful comments on this article. I would also like to acknowledge the Southern California Law and Social Science Forum for providing a place to share an early version of the work.

Abstract

Do judges ruling on redistricting litigation increase electoral competition in congressional races while simultaneously drawing districts favoring their party's congressional candidates? I offer a novel theory of judicial partisan calculation, arguing that judges draw more competitive districts than legislatures or commissions, but that judge-drawn districts favor the electoral interests of their copartisans. These claims are reconcilable because judges target districts held by contrapartisan legislators to maximize their copartisans’ fortunes. I find that Democratic judges draw competitive districts by adding Democratic voters to Republican-held House constituencies. Court-administered redistricting increases competitiveness, ostensibly due to judicial neutrality. This mask of neutrality, however, conceals sophisticated partisan calculation.

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