The American Civil Liberties Union filed a lawsuit on behalf of the League of Women Voters of South Carolina alleging that South Carolina‘s congressional map is a partisan gerrymander in violation of the state’s constitution.
The challenge to the congressional districts for the Palmetto State comes months after the Supreme Court ruled the map was not a racial gerrymander and was drawn lawfully. The previous legal challenge took concern with the state’s 1st Congressional District, held by Rep. Nancy Mace (R-SC), which was made more GOP friendly in the 2021 redistricting cycle.
The new lawsuit filed in the South Carolina Supreme Court on Monday alleges that the partisan gerrymander violates the parts of the state constitution promising a “free and open” election and an “equal right to elect officers,” citing decisions in other states with that language.
“By any established legal standard, the congressional redistricting plan is an unconstitutional partisan gerrymander. The plan subordinates traditional redistricting principles to create artificial and unfair partisan advantage. The predominant purpose of the legislature in drawing the plan was to entrench Republican advantage,” the lawsuit alleges.
Allen Chaney, legal director for the ACLU of South Carolina, said in a statement Monday that he is “hopeful” their argument to the high court in the Palmetto State will land.
“Partisan gerrymandering is cheating, plain and simple,” Chaney said. “South Carolina voters deserve to vote with their neighbors and to have their votes carry the same weight. This case is about restoring representative democracy in South Carolina, and I’m hopeful that the South Carolina Supreme Court will do just that.”
The lawsuit names Republican state House Speaker Murrell Smith, Republican state Senate President Thomas Alexander, and Executive Director of the South Carolina Election Commission Howard Knapp as defendants. Smith said he thinks the court will find the lawsuit’s claims to be “baseless.”
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“This new lawsuit is another attempt by special interests to accomplish through the courts what they cannot achieve at the ballot box — disregarding representative government. I firmly believe these claims will be found to be as baseless as other challenges to these lines have been,” Smith said in a statement Monday, according to the Associated Press.
South Carolina’s delegation to the House of Representatives is currently made up of six Republicans and one Democrat, Rep. Jim Clyburn (D-SC).
