Post-Rucho federal policy permitting states to redistrict without fairness, competitiveness, or civil rights review.

End Gerrymandering. Restore Oversight.

AKA “Promote Uniform Redistricting Integrity Across States”


Which agency/agencies promulgated the regulation? *
U.S. Department of Justice – Civil Rights Division
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind the DOJ’s current non-enforcement stance on redistricting fairness following Rucho v. Common Cause.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Interpretive Rule
What is the name of the regulation being rescinded, if applicable? *
Post-Rucho federal policy permitting states to redistrict without fairness, competitiveness, or civil rights review.
Please provide a short summary of the justifications for the rescission. *
Without federal oversight, state legislatures engage in extreme partisan gerrymandering that entrenches incumbents, reduces competitiveness, and suppresses the representational power of young, minority, and urban voters.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Civil Rights Division – Voting Section 950 Pennsylvania Avenue, NW Washington, DC 20530
Please insert the contact information for the agency. *
Andrew Braniff, Senior Counsel to the Assistant Attorney General (202) 514-3831 EMP.Lit@crt.usdoj.gov
What is the background for the regulation being rescinded? *
Following Rucho v. Common Cause (2019), the Supreme Court declared partisan gerrymandering a political issue outside the jurisdiction of federal courts. This ruling, combined with the loss of preclearance in Shelby County v. Holder, has left redistricting maps almost entirely unchecked. The DOJ has not filled the resulting enforcement vacuum.
Explain the reasons for the rescission. *
Rescinding DOJ’s passive posture would allow the agency to reassert its enforcement authority under the Voting Rights Act and civil rights mandates. Federal review of redistricting maps should assess fairness, competitiveness, and racial impact—regardless of whether partisan intent is overtly stated.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Redistricting procedures affecting federal elections shall be subject to DOJ review under the VRA. States must demonstrate that maps meet standards for population balance, compactness, and nonpartisan criteria. Jurisdictions enacting major changes must submit plans for federal review and approval.
Please insert the name of the current agency head. *
Kristen Clarke
Please insert the title of the agency head. *
Assistant Attorney General for Civil Rights