At least one state already has. The Pennsylvania Supreme Court said it violates the state constitution, and the US Supreme Court refused to intervene. Gerrymandering by Republicans yields more US House seats, but it has no effect on the state Governor's office. A state can be very "red" in terms of US House seats and still have a democratic majority in their state senate. That's kind of the point of gerrymandering: To overcome the democratic majority. Since everybody in the state votes for Governor, and state supreme courts are either selected by the governor or elected state-wide the gerrymandering does not affect the state supreme court makeup.