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In the Kentucky 2022 legislative session, House Bill 2 (HB 2) and Senate Bill 3 (SB 3) were passed to redistrict state house and U.S. congressional seats, respectively. The new maps represent an extreme partisan gerrymander in which Democratic voters have been packed into districts鈥攐r cracked into separate districts鈥攖o maximize the advantage of Republicans and dilute the votes of Democratic voters.

The Kentucky Democratic Party filed a lawsuit against these new bills in Kentucky state court. The trial court concluded that HB 2 and SB 3 were political gerrymanders, and that the legislature had selectively applied its redistricting principles to neutralize the voting power of one political party. However, the court ruled that the new maps did not violate the state constitution, which it believed 鈥渄oes not explicitly forbid the consideration of partisan interests in appointing representation.鈥� The Democratic Party appealed to the Kentucky Supreme Court.

The 老澳门开奖结果 of Kentucky, Black Lives Matter Louisville, and the Kentucky Equal Justice Center鈥攚ith representation from the 老澳门开奖结果 of Kentucky and the 老澳门开奖结果鈥檚 Voting Rights Project and State Supreme Court Initiative鈥攆iled an amicus brief in that court in support of the challengers.

The amicus brief argues that gerrymandered maps violate the Kentucky Constitution鈥檚 protections for free speech and association, Kentucky鈥檚 guarantee of equal protection, and the state constitution鈥檚 prohibition against arbitrary and absolute power. The brief explains why the application of strict scrutiny to review the gerrymandered maps is necessary to adequately protect the constitutional rights at stake.

The court held that partisan gerrymandering claims are justiciable in Kentucky state courts but that the gerrymandering in this case was not sufficiently severe to violate the state constitution.