League of Women Voters of South Carolina v. Alexander

League of Women Voters of South Carolina v. Alexander

The Brennan Center, along with co-counsel O’Melveny & Myers, filed an amicus brief on behalf of itself and Professor Robert F. Williams in a case challenging the state’s congressional map as a partisan gerrymander under state law. The brief argues that South Carolina’s constitution offers greater protection from partisan gerrymandering than the federal constitution does, and that the South Carolina Supreme Court should find that its state constitution limits intentional manipulation of the electoral process to exclude disfavored voters from particular districts. On September 17, 2025, the Court held that partisan gerrymander claims are nonjusticiable political questions under South Carolina’s constitution.

Published February 10, 2025

Download Amicus Brief

Following the 2020 census, South Carolina redrew the state’s seven congressional districts. Although the existing map required only small changes to bring it into compliance with the federal constitution’s population equality requirements, the map lawmakers created moved hundreds of thousands of mostly Black voters between two districts, turning a previously competitive district into one that reliably elects Republicans by large margins. In separate litigation, Black voters challenged the new map under the federal constitution as a racial gerrymander. But lawmakers testified under oath that partisan advantage was the primary goal of mapping choices and in May 2024, the U.S. Supreme Court rejected the claim of racial gerrymandering.

After the Court’s decision, the League of Women Voters of South Carolina filed an original action at the South Carolina Supreme Court alleging that the congressional map constitutes an intentional partisan gerrymander in violation of several provisions of South Carolina’s Constitution, including its Free and Open Elections Clause, Equal Protection Clause, Free Speech and Assembly Clause, and a provision requiring preservation of county boundaries.

The Brennan Center, along with co-counsel O’Melveny & Myers, filed an amicus brief on behalf of itself and state constitutional law professor Robert F. Williams in support of the League’s challenge. The brief argues that South Carolina’s constitution goes well beyond the federal constitution to protect the rights of South Carolinians to participate as equals in the political process: it safeguards the link between voters and elected representatives, guarantees voters an equal right to elect officers, and empowers popular majorities to act as a vital check on government officials. The brief also explains why the South Carolina Supreme Court should not look to federal courts for guidance in interpreting its state constitution, reasoning that federal jurisprudence is particularly inapposite in this case.

On September 17, 2025, the South Carolina Supreme Court held that partisan gerrymandering claims are nonjusticiable political questions under the state constitution because no provision limits partisan gerrymandering in congressional redistricting or provides judicially manageable standards for adjudicating such claims.

Documents