University of Miami Race & Social Justice Law Review

Document Type



Since its founding, the United States has counted democratic elections as a fundamental tenet of democracy. Redistricting ensures that elections are free, fair, and representative of the people. This process requires that every ten years, after the national census, congressional, state, and local districts are redrawn, if necessary, to reflect changes in population to ensure that district populations are equal. What should be a simple calculation, has become step one in a political party’s bid to maintain or gain power. This has led to countless legal battles and minority populations left without adequate representation. In turn, this lack of representation perpetuates the systemic racism upon which this country was founded. Gerrymandering, particularly racial gerrymandering, is a foundational step in ensuring the exclusion of underrepresented communities from voting. The 2020 election concluded with many seat flips by a slim margin of votes, along with the record voter turn-out and resulting litigation, which suggests that the battle of redistricting following the 2020 census is bound to be an intense one. This Comment defines gerrymandering, its types, and strategies as week as lays out the legal framework for racial gerrymandering litigation. It focuses past on censuses and what can be expected out of the 2020 census results. The impact of racial gerrymandering on minority and underrepresented communities including voter suppression, systematic racism, and a lack of representation in government cannot be understated. The Comment concludes with possible solutions to prevent racial gerrymandering in the future. Ultimately, the author demonstrates that the fight for fair and free access to voting is stronger than ever.