As far as I’m concerned, a practice that is actually named for Elbridge Gerry’s political packing of districts in Massachusetts in 1812, and has existed since the First Congress can’t suddenly become unconstitutional in 2017. It just doesn’t work that way.
In one of the earliest exercises of what later came to be known as a “gerrymander,” Henry made sure that Orange County fell in a district heavily tainted with Antifederalism. The election law, moreover, required one year’s residence in the district, a provision some said was pointedly designed to prevent JM from transferring his candidacy to a friendlier district.
Of course, gerrymandering is a process complaint, but the arguments made in this case are outcome driven. A wholly identical set of districts would be considered fine according to their formula if a given political party was winning more of them.
