They've been getting away with it (in Georgia at least) for the better part of two decades, while it's been ruled on several times by the supreme.
In 73, they ruled that bipartisan gerrymanders are constitutionally permissible under the Equal Protection Clause.
In 86, the ruling was that partisan gerrymandering violated the Equal Protection Clause, but the court could not agree on the appropriate constitutional standard against which legal claims of partisan gerrymandering should be evaluated.
In 99, the Supreme Court approved a racially focused gerrymandering of a congressional district on the grounds that the definition was not pure racial gerrymandering but instead partisan gerrymandering, which is constitutionally permissible. With the increasing racial polarization of parties in the South in the U.S. as conservative whites move from the Democratic to the Republican Party, gerrymandering may become partisan and also achieve goals for ethnic representation.
In 2004, he justices divided, and no clear standard against which to evaluate partisan gerrymandering claims emerged. Writing for a plurality, Justice Scalia said that partisan gerrymandering claims were nonjusticiable. A majority of the court would continue to allow partisan gerrymandering claims to be considered justiciable, but those Justices had divergent views on how such claims should be evaluated
In 2006, the United States Supreme Court upheld in a 7–2 decision allows state legislatures to redraw and gerrymander districts as often as they like (not just after the decennial census). Thus they may work to protect their political parties' standing and number of seats, so long as they do not harm racial and ethnic minority groups. A 5–4 majority declared one Congressional district unconstitutional in the case because of harm to an ethnic minority.
In 2016, a District Court used the efficiency gap statistic to evaluate the claim of partisan gerrymander in Wisconsin's legislative districts. The court found that the disparate treatment of Democratic and Republican voters violated the 1st and 14th amendments to the US Constitution.
So, here in Georgia, we wont be holding our breath here in Georgia for them to actually step up and do the right thing. Since these (above) are what get pointed out to us when its brought up, it's gonna take one hell of a stroke of luck for us lol.