Deborah Daniels: There is no rational justification for redistricting

In the immortal words of Levon Helm of The Band: “Don’t do it. Pleeease don’t do it.”

Gov. Mike Braun called a special session of the Indiana General Assembly in response to pressure from the president and vice president of the United States, for the purpose of redrawing Indiana’s congressional maps. [Editor’s note: Legislative leaders have scheduled consideration of redistricting for early December.]

Our state constitution, which requires reviewing/redrawing the maps after each decennial census, does not prohibit mid-decade redistricting. And if Indiana had experienced significant population shifts in the past five years, it would be reasonable to request such action.

But nothing like that has happened, and our current congressional districts have been judged among the most fairly drawn in the country. The legislators serving in 2021 have much to be proud of, having drawn fair maps based on statewide community input and careful attention to legal requirements.

But that is not the purpose of the redistricting called for by some Republican officeholders. They have clearly stated that their purpose is, by whatever means necessary, to increase the number of Republican-held seats in order to maintain a party majority in the U.S. House of Representatives.

My party holds seven of the nine Indiana congressional seats, or about 78%, although Republicans received about 58% of the statewide vote in the last presidential election. This makes logical sense: The more rural parts of the state, which form most of the districts/communities of (common) interest, are in fact primarily Republican, but the more urban areas are more heavily populated with people who vote Democratic. Thus, it is not surprising—or inappropriate—that two of those more heavily urban areas are represented by Democrats, while Republicans predominate elsewhere.

But those who are pushing for redistricting don’t think that’s good enough. They don’t claim that the current districts are unfairly drawn. Instead, they claim that we need to add more Republican seats specifically to counteract seats they think are unfairly held by Democrats—not in Indiana, but in states like Illinois and Maryland. What they are saying is, “We have to gerrymander an unfair advantage in Indiana because Democrats have an unfair advantage in Maryland.”

This approach is devoid of reason or fair play: “They cheated, so we have to cheat.” That is essentially the argument being made by some Republicans. (Did their mothers never lecture them about such things?)

Practically speaking, even if the Legislature adopts this ill-advised approach, it is unlikely the new map will be in effect in time to impact the 2026 election. There is sure to be at least one lawsuit challenging it. Even if the courts expedite their review, it’s unlikely the case(s) will be resolved before the Feb. 6 filing deadline. And it’s possible the courts will throw out the map. So it’s unlikely to help the president, whose concern is for the 2027-2028 Congress (the remainder of his term).

Luckily, there are some thoughtful people in the Statehouse. The Senate president pro tem has indicated that the Senate does not have enough votes to support redistricting. Many senators presumably recognize that mid-decade redistricting absent statistical justification is an inappropriate way to conduct the people’s business. Recent polls demonstrate that a clear majority of Indiana voters are opposed. And this month’s elections in Virginia and New Jersey demonstrated that voters don’t reward arrogance and overreach by public officials.

There is no rational justification for redistricting at this time. It would be an embarrassment to the state and the Republican Party. So please—don’t do it.•

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Daniels is a retired partner of Krieg DeVault LLP, a former U.S. Attorney and assistant U.S. attorney general and former president of the Sagamore Institute. Send comments to [email protected].

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