That's the million dollar question, and it's likely to be the end point of the SCOTUS discussion on the matter. https://fivethirtyeight.com/features/gerrymande

That's the million dollar question, and it's likely to be the end point of the SCOTUS discussion on the matter. https://fivethirtyeight.com/features/gerrymandering-is-on-trial/ https://fivethirtyeight.com/features/gerrymandering-is-on-tr... > In a 2004 opinion, [Justice Anthony Kennedy] expressed alarm at the practice of extreme partisan gerrymandering but said the court should hold off on outlawing it. He also left the door open to ruling differently in the future, as long as lawyers provided a suitable way to measure when gerrymandering goes too far. He said that without that measurement, the court runs the risk of becoming too involved in a decision-making process that is legally mandated to state legislatures.