"Why isn't gerrymandering illegal?"

[last1standing]

22. Techically, that is what they do.

I know they really don't but they say they do and they're rarely overturned.

Also, the problem with this form of division is that it can easily overstate or understate party allegiance based on a single turnout. Let's say in a conservative district in Mississippi the republicans run a very weak candidate while the Democrats run a populist who manages to hit all the right points. If the republican still wins by a 51/49 margin, the republicans in the state house can justify creating a district based on that result. I could also create other scenarios based on nearly any results that would still allow a corrupt majority to bolster its actual results.

The problem with asking the judiciary to look at it is there is no set judicial standard for review and even if there were, it would likely end up being arbitrary or capricious since this is the usual standard for governmental actions. So unless a plaintiff could prove racial discrimination that compromised a minority citizen's right to representation, most courts would side with the state.